In the Matter of Raybeck
Supreme Court of New Hampshire
44 A.3d 551 (N.H. 2012)
Judith Raybeck (plaintiff) and Bruce Raybeck (defendant) divorced after 42 years of marriage, with Bruce obligated under the divorce decree to pay Judith $25,000 a year in alimony for ten years unless she cohabitated with an unrelated man. Judith later moved into the upper level of a house owned by a man she met online, paying no rent but about $300 a month for food, sharing common living space with him, and traveling with him while discussing marriage without pursuing it. Bruce stopped paying alimony, and after a hearing a special master and the trial court found Judith was not cohabitating and ordered Bruce to resume payments, prompting his appeal.
Whether, for purposes of stopping alimony payments, a trial court must carefully examine a number of factors surrounding two individuals' relationship in determining whether they are cohabitating.