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Scott v. Scott, 2017 UT 66 (Sept. 21, 2017).

Sep 21, 2017

In this case, Husband sought termination of alimony because Wife had cohabited with her boyfriend, although she was not cohabiting with him at the time of filing of the motion to terminate. Utah Code § 30-3-5(10) provides, “alimony to a former spouse terminates upon establishment by the party paying alimony that the former spouse is cohabitating with another person.”  The Utah Supreme Court held thatthe plain language of the cohabitation statute, and particularly the word “is,”  requires that the former spouse be cohabitating at the time of filing.