Q: Can temporary Airbnb stays risk alimony by implying cohabitation?
I am a permanent resident of Tennessee and am dating a woman in Alabama who lives with her daughter and family, using that address as her permanent residence. I have rented Airbnb properties for us on two occasions for 2-4 nights to spend time together away from her daughter's family, which I have covered along with grocery expenses for meals. Her divorce agreement states that cohabitation terminates alimony, and she is worried that our situation could be misconstrued as cohabitation, potentially affecting her alimony. How likely is our arrangement to be considered cohabitation under these circumstances, given that we do not share bills, addresses, financial accounts, or any upkeep of a domicile?
A:
Under Alabama law, cohabitation as it relates to alimony termination is a fact-specific inquiry. Courts look beyond general labels to examine the substance of the relationship and the living arrangement, typically applying a “relationship” test — i.e., a relationship akin to marriage, involving more than casual dating.
Court's generally assesses cohabitation for purposes of terminating alimony under Ala. Code § 30-2-55 (https://law.justia.com/codes/alabama/title-30/chapter-2/article-3/section-30-2-55/)
Your situation appears to be a dating relationship with occasional private getaways — not cohabitation under Alabama law. Therefore, it is unlikely that your current arrangement would be deemed cohabitation under Alabama law sufficient to terminate alimony — but she should remain cautious. If overnight visits became habitual, longer-term, or financially entangled, it could open the door for scrutiny.
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