The Holding
The Supreme Court defines
cohabitation as “a relationship between persons resembling that of a marriage.”
Whether two people are cohabitating will depend on the facts and circumstances
of each particular case. The Supreme Court offered guidance on factors to be
considered:
Whether the couple is living together continually
What the financial arrangements between the couple are and to the extent
that they are entangled, including whether there are shared expenses, to what
extent one supports the other, whether there are shared investments or
retirement planning, if the couple have joint bank accounts, and whether there
are life insurance policies naming the other.
The extent of the personal relationship, including the intimacy of the
connection, shared vacations, shared friends and social connections, and a
sexual relationship (although not necessarily dispositive)
Whether the couple share and enjoy each other’s personal property, such
as household furnishings, appliances, vehicles, and personal items, such as
toiletries or clothing
The age of the couple may be an important consideration, which may give
more or less weight to the support of one by the other and estate planning
providing for children of prior relationships
Whether friends, family or the community view the couple was engaging in
a personal intimate relationship
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