Wednesday, February 28, 2007

Court of Appeals determines that same-sex cohabitation did not violate property settlement agreement

This article reports on the Court of Appeals decision that an ex-wife did not violate the terms of a property settlement agreement when she cohabited with a same-sex partner. The Court of Appeals, reversing the trial court, based its decision solely upon the contractual terms of the PSA, stating that "we are concerned with a contract between a man and a woman, husband and wife, not a statute defining or to be interpreted as defining 'cohabitation,' which is the subject of the Opinion on which the trial court relied."