VA Supreme Court Decision on Alimony

150770 Luttrell v. Cucco 04/28/2016 In an appeal from a ruling on a former husband’s motion for adjustment of spousal support, the Court of Appeals erred in upholding the circuit court’s conclusion that only opposite-sex couples can “cohabit” in a “relationship analogous to marriage” for purposes of Code § 20-109(A), applicable in considering the termination of spousal support under the parties’ property and support settlement agreement in the divorce. The judgment of the Court of Appeals is reversed, the award of attorney’s fees to the wife is vacated, and the case is remanded for an evidentiary hearing consistent with this opinion to determine whether the former wife cohabited with her fiancée within the meaning of Code § 20-109(A) and for reconsideration of attorney’s fees pursuant to the property settlement agreement at that time.