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Maryland Divorce Legal Crier

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Cohabitation Added as Alimony Factor

?Alimony factors that a Maryland divorce judge must consider in determining alimony are set forth by the legislature in Section 11-106(b) of the Family Law Article of the Maryland Code.
The last one is a catch-all provision, namely other factors the court considers appropriate.

Now the Court of Special Appeals of Maryland has said that includes whether or not the spouse requesting alimony is living in a marriage type relationship. The court has effectively added cohabitation as a new alimony factor. Whittington v. Whittington, (CSA No. 06-32, January 4, 2007).

Does this case imply that cohabitation might terminate alimony even though it is not in a marital settlement agreement and it is not a terminating factor in Section 11-108 of the Code? That section does permit termination of alimony to avoid a harsh and inequitable result. If cohabitation is a factor in determining alimony, could it also be used to terminate alimony to avoid a harsh and inequitable result?


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