44 A.3d 551
N.H.2012Background
- Divorced in Texas in August 2005 after 42-year marriage; alimony of $25,000/year for 10 years, terminable on cohabitation with an unrelated adult male; petitioner moved to Plymouth, NH and lived with Sansoucie in a two-level home; respondent stopped alimony upon learning of the cohabitation; Marital Master found no cohabitation and NH Family Division ordered continued alimony; Supreme Court vacated and remanded for a new cohabitation analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the standard for cohabitation properly defined for alimony modification? | Raybeck argues the court did not use a workable standard. | Raybeck urges adopting a legislative standard from Massachusetts. | Yes; the standard was inadequate and remanded for new analysis. |
| Did the trial court correctly find no cohabitation under the agreed standard? | Raybeck contends petitioner cohabits under the agreement. | Raybeck argues evidence supports cohabitation. | Court vacated remand to reassess under the newly articulated standard. |
Key Cases Cited
- State v. Michelson, 160 N.H. 270 (N.H. 2010) (standard of review and interpretation of facts in cohabitation context)
- Kessler v. Gleich, 161 N.H. 104 (N.H. 2010) (interpreting cohabitation with common meaning in divorce decrees)
- Frey v. Frey, 416 S.E.2d 40 (Va. App. 1992) (cohabitation requires permanency and mutual marital duties; factors vary by case)