Virginia Code § 20-109(A) was amended in 1997 to include language terminating spousal support upon “clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more commencing on or after July 1, 1997, the court shall terminate spousal support and maintenance unless (i) otherwise provided by stipulation or contract or (ii) the spouse receiving support proves by a preponderance of the evidence that termination of such support would be unconscionable.”
So what’s “cohabiting”? And what is a “relationship analogous to a marriage”? Can two members of the same sex “cohabitate” in Virginia? Can they be in a “relationship analogous to a marriage”? Continue reading