Kinsey v. Kinsey
Kinsey v. Kinsey, 2024 UT App 120 (Tenney, J.)
Family
After Husband and Wife divorced, Husband petitioned the district court to terminate his alimony obligations, claiming Wife was “cohabitating” with another man. After an evidentiary hearing, the district court denied the petition. The Utah Court of Appeals affirmed, holding:
- The district court correctly denied Husband’s petition. Under either the previous common law or current statutory definition of cohabitation, Husband had not met his burden of proof.
- Practice tip: The court noted some ambiguity in the statutory definition of “cohabitation.” But it did not opine on whether it is possible to “live together” without “residing together.”
