Cohabitation after the execution of a written separation agreement is a defense to obtaining a divorce based on the separation agreement.

However, cohabitation in and of itself is not sufficient to destroy a separation agreement unless there is proof that such cohabitation occurred with the intent to reconcile and abandon the separation agreement.  See Brody v Brody, 190 AD 806 (1st Dept 1920); Markowitz v Markowitz, 381 NYS2d 676 (1st Dept 1976).

Bronx divorce lawyer Bryan J. Hutchinson will fight for your right to child custody, child support, spousal maintenance, and equitable distribution of property. We zealously represent divorce and family law clients for over 20 years in New York State Courts in the Bronx, Brooklyn, Queens, Manhattan, Westchester, and Nassau Counties. Call the Law Office of Bryan J. Hutchinson, PLLC at (718) 671-0900 for a confidential consultation.