Paul v. Paul
Delaware Supreme Court
60 A.3d 1080 (2012)
Joseph Paul (plaintiff) sought to terminate ex-wife Shannon's (defendant's) alimony based on Delaware's cohabitation-termination statute, presenting private-investigator evidence that Shannon's boyfriend's car was parked at her house late at night on most surveilled days, and that he performed household tasks like taking out trash, gardening, using the garage code, and had his own key; Shannon conceded an exclusive relationship held out publicly as a couple, but testified the boyfriend stayed only two to four nights a week and kept his own separate house, and the trial court found no cohabitation primarily because they maintained separate residences.
Whether alimony statutes that terminate alimony upon an ex-spouse's cohabitation with a new partner allow termination if the partner regularly resides with the ex-spouse, even if they maintain separate houses.