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).
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