Amend the committee report, as and if amended, page [92-4], by striking lines 17 through 39, in Section 20-3-130(C)(9), as contained in SECTION 2, and inserting therein the following:
/ (9) For purposes of this subsection and unless otherwise agreed to in writing by the parties, 'continued cohabitation' means the supported spouse resides with another person in a romantic relationship for a period of ninety or more consecutive days. The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement involves a mutually supportive, intimate personal relationship in which the supported spouse and another person undertake duties and privileges commonly associated with marriage, but who do not necessarily maintain a single common household.
In the determination of whether continued cohabitation exists, the court shall consider the following factors:
(a) intertwined finances;
(b) sharing or joint responsibility for living expenses;
(c) recognition of the relationship in the couple's social circle, family circle, or community;
(d) living together, the frequency of contact, the duration of the relationship, and other indicia of a mutually supportive intimate personal relationship; and
(e) such other factors the court considers relevant.
A motion to terminate alimony on the basis of continued cohabitation may not be brought within one year of the date of entry of the order awarding alimony, unless the parties have agreed in writing that a motion may be brought or the court finds that failing to allow the motion to proceed would create an extreme hardship for one of the parties. /
Amend the committee report further, as and if amended, page [92-7], by striking line 14, in Section 20-3-150, as contained in SECTION 3, and inserting therein the following:
/ from the supporting spouse. However, a motion to terminate alimony on the basis of continued cohabitation may not be brought within one year of the date of entry of the order awarding alimony, unless the parties have agreed in writing that a motion may be brought or the court finds that failing to allow the motion to proceed would create an extreme hardship for one of the parties. /
Renumber sections to conform.
Amend title to conform.