What exactly is cohabitation

Hello
My ex has applied for a SM variation. He has paid when forced to under interim charges on his property over the last three years. There is a year remaining on the order.
His grounds are that I am in a long term relationship.and hence do not need money from him any longer.
The original order stated SM to be paid for four years or until I remarry.
My ex claims the following
1. I am cohabiting with my boyfriend.
This is not true as we both have our own separate homes but we do spend approx 3 nights pw together.
2. I am engaged
My boyfriend has bought me a ring but we have no plans to marry in the foreseeable future
3. I have been taken on frequent holidays and he pays for these holidays.
This is true
4. I have been bought a car by boyfriend
I do have a newer car and yes my boyfriend paid for the bulk of it. It was part exchanged with the money from my old car going towards it
5. I have a financial relationship with my boyfriend
This is not true.
With the above information is there any way this could be seen as cohabitation?
Will the courts take in to account that I have a boyfriend and could this affect my SM?
My circumstances have changed from when the original order was set in that I only work 2 days pw instead of 3. My mother has Alzheimer''s and I need to support my sister in looking after her
Thank you
Maryjane

There is no legal definition of cohabitation, and contrary to popular belief, there are not a set number of nights that mean that a couple is co-habiting.

It is generally taken to mean living together in a relationship akin to marriage. It is usually assessed on the specific facts of the case, and a judge can make a determination, even if the couple deny cohabiting. Anything less than four nights a week would almost certainly be decided at the discretion of the judge.

If you both maintain properties of your own, receive post at your own properties, pay bills, are registered to vote/pay council tax etc, then you might be seen as not cohabiting - but if you do not have separate addresses, you will be deemed as cohabiting even if you only spend a couple of nights together . A financial link between the two of you might be an indicator of cohabiting, even if separate addresses are maintained.

How is is worked out is on the evidence of each case, and the judge decides whether or not in the circumstances of the relationship it is cohabitation. but at the end of the day, it will come down to what the judge believes is going on.

You do have to bear in mind that a judge will have seen every trick in the book to attempt to avoid a determination of cohabitation, including things like claiming to only stay for 3 nights per week, getting post sent elsewhere, having the children elsewhere, not having a full wardrobe at the partner''s property, having the car registered at another address etc etc.

If the order says remarry, rather than mention co-hab, then you could have a harem and still be within the terms of the order.

Hi
Thanks for your reply.
I can understand that some people may try and make out that they''re not cohabiting when they really are.
However we are most definitely not. Would it be worth me taking some utility bills or similar of my boyfriends to court with me to prove that we''re not.
I can''t believe that the Judge would just believe my ex stating that we are without any proof
Thanks
Maryjane

As others have said if the order states paid until re-marriage then it should be paid until then and you should remind him what the order states. If there''s only a year left on it he might be wasting a lot of money trying to get the order varied.
Cohabitation is very difficult to prove anyway - kimber ruling states the general guidelines but every judge has a different opinion-
If the order doesn''t state on it cohabitation or re-marriage and only states re-marriage that''s what it is - or so I would have thought??

Co-habitation would be a change of circumstances which may justify a variation to spouse maintenance. However if you aren''t living in the same property or sharing finances your ex will have difficulty proving co-habitation. Have you completed a financial disclosure yet?

Hi
Yes I have completed form E fully. My ex who has instigated this has hardly completed his at all.
We have had the 1st Directions hearing and the judge did not seem at all bothered that my ex had only completed about 25% of his however can you believe it the judge had not got my Form E which I can''t understand as I personally filed it in court on the day requested!!
Anyway directions given as to questions so we will see what my ex produces. Awaiting FDR.
My form E clearly shows my financial position and how I am struggling on the SM I receive due to dropping a day at work due to my mothers Alzheimer''s and our 17year old son eating me out of house and home!
It is clear to see I have no financial relationship with my boyfriend.
I''m not sure whether this is at all possible but at the FDR would I be able to ask for an increase in SM or an extension it runs until Feb 2016 at present.
Thank you