SB 246 - This act modifies provisions relating to alimony and maintenance payments. This act provides that a former spouse shall be relieved from further payment of alimony and maintenance upon a finding that a former spouse is cohabiting or has cohabited with another person in a relationship of a romantic nature. This act provides that the romantic nature of any cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually ascribed to the institution of marriage. Continued and habitual cohabitation occurs when the former spouse receiving alimony or maintenance resides with another person in a romantic relationship for a period of ninety or more consecutive days. Also, the court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement.
This act is similar to SB 886 (2006).