Cohabitation under Georgia’s live-in-lover law means living together continuously and openly in a marriage-like relationship. A partner who stays over on weekends does not meet it.
What the Statute Says
OCGA 19-6-19(b) defines “cohabitation” as “dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person.” In Reiter v. Reiter, 258 Ga. 101 (1988), the Supreme Court read that as two requirements: “The relationship must be meretricious and it must be continuous and open.” Because the law rests on a relationship “similar in nature to marriage,” the court added, “the cohabitation must go beyond periodic, physical interludes.”
“Continuously” Means Living Together, Not Visiting
So in Daniels v. Daniels, 258 Ga. 791 (1989), a relationship that had produced a child did not qualify: there were periodic sexual encounters but “no evidence that the parties dwelled together continuously or openly.” Weekend visits fail too; see Schaffeld v. Schaffeld, 349 Ga. App. 688 (2019), in our post on defining cohabitation in your alimony agreement.
“Openly,” and When It Has to Be Happening
Hiding it from your former spouse does not make it secret. In Provenzano v. Jones, 302 Ga. 139 (2017), a former wife lived with her boyfriend for a year, sharing expenses, then moved out before her former husband filed. The Supreme Court upheld the reduction of her alimony: the statute “does not apply only to those instances where cohabitation is occurring when the modification action is filed,” and the record showed only that “she attempted to conceal her whereabouts from Husband.”
Not Your Former Spouse
The statute reaches cohabitation “with a third party.” In Upton v. Duck, 249 Ga. 267 (1982), a trial court cut off alimony because the divorced couple had lived together again, and the Supreme Court reversed: the law “is applicable to cohabitation with a third party, not a former spouse.” Cohabitation as a condonation defense to divorce, OCGA 19-5-4(a)(4), is a different statute with its own posts.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!