Absent contrary language in a court order or settlement agreement, the remarriage of a person receiving spousal maintenance terminates the spousal maintenance obligation as of the date of the remarriage. A.R.S. Sec. 25-327 B. Spousal maintenance does not, however, automatically terminate when the person receiving spousal maintenance begins cohabiting with a boyfriend or girlfriend. Cohabitation only terminates the spousal maintenance obligation if the agreement or court order specifically states so. Even then, there may be litigation as to what constitutes “cohabitation.”
The Arizona Court of Appeals has held that what constitutes “cohabitation” involves consideration of many factors, several of which the Court outlined in its written opinion in Chopin v. Chopin, 224 Ariz. 425, 232 P.3d 99 (Ariz. App. Div. 1, 06/03/2010). A key factor is actually living together. When the two parties maintain separate residences and spend only approximately one night per week together, that probably does not constitute “cohabitation” sufficient to terminate a spousal maintenance order which delineates cohabitation as grounds to terminate the order. Id.
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