Deciding to get a divorce in Virginia means severing your ties to each other, but some of those ties remain long after your divorce is finalized. One of those ties is the decision by the court to require spousal support payments. These payments are meant to uphold the lifestyle lived throughout the marriage, especially if one of the parties was asked to and agreed to give up their career, education, or other element of their life that directly impacts their ability to earn a living. But, you aren’t trapped in spousal support payments forever. If your ex is now sharing life and financial resources with a new partner, you generally won’t be required to continue paying.
Virginia law refers to this as “living analogous to marriage.” If your ex has moved in with their new partner and is living a domesticated life without being married, you might have the right to reduce or eliminate spousal support. Understanding this concept is key, and working with a Virginia family law attorney could help you protect your financial future.
What Does It Mean to Be Living Analogous to Marriage?
Living analogous to marriage means functioning as a married couple without the legal title. In Virginia, this term applies when an individual lives with their partner in a marital-like relationship for at least one year, despite not being legally married.
This concept was largely established in Pelligrin v. Pelligrin. This case helped define this concept and laid out four key principles to establish such a relationship (more on that below). These principles guide the court in determining whether an ex-spouse is effectively living in a marriage-like arrangement. If proven, this can lead to changes in or even termination of spousal support.
What Are the Four Principles of Living Analogous to Marriage?
Virginia courts use four principles to determine if a relationship fits the description of living analogous to marriage. These principles are:
- Common Residence: The couple must share a home or living arrangement for at least one year.
- Level of Financial Support: The couple needs to be financially supporting one another, pooling resources in a way that mimics a married couple’s financial arrangements.
- Intimate or Romantic Involvement: The relationship should resemble a romantic partnership rather than a platonic one.
- Duration and Continuity of the Relationship: Sporadic or casual involvement wouldn’t meet the criteria for living analogous to marriage—it must be stable for at least one year.
Proving that a relationship meets all four of these principles is generally challenging, which is why working with a lawyer is so important. Courts will not accept vague accusations or assumptions; concrete proof is needed.
Move Your Virginia Family Forward With Dignity
If your ex is living analogous to marriage, you shouldn’t have to pay the spousal support you no longer owe. However, if you’re accused of living analogous to marriage but you’re not, you also shouldn’t be forced to give up financial support that is rightfully yours. Rinehart Bryant is here to help guide you through these challenging decisions with compassion and dignity—regardless of which side of these cases you are on. Contact us to discuss your situation and find out how we can assist with your family law matters.
Rinehart Bryant, PLLC
