Voluntary Separation, Abandonment, or Driving Off of Spouse - Effect of Subsequent Cohabitation Between Spouses on Permanent Alimony

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The subsequent voluntary cohabitation of spouses, where there has been no total divorce between them, shall annul and set aside all provision made either by deed or decree for permanent alimony; provided, however, that the rights of children under any deed of separation or voluntary provision or decree for alimony shall not be affected by such subsequent voluntary cohabitation of the spouses.

(Orig. Code 1863, § 1698; Code 1868, § 1741; Code 1873, § 1751; Code 1882, § 1751; Civil Code 1895, § 2471; Civil Code 1910, § 2990; Code 1933, § 30-217.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 24A Am. Jur. 2d, Divorce and Separation, § 705.

C.J.S.

- 27A C.J.S., Divorce, § 21 et seq.

ALR.

- Effect of remarriage of spouses to each other on permanent alimony provisions in final divorce decree, 52 A.L.R.3d 1334.


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