Virginia: Proof of Cohabitation – a Lawyer’s Victory

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On April 13, 2010, after a two-day trial, Mr. Waterman prevailed in the special case of Gary W. Routson v. Helen E. Routson, No. CL09-2620 in Circuit Court for York County, Virginia. His client was refunded almost $85,000.00 in payments made under protest, awarded over $20,000.00 in attorneys fees, and relieved of more than $100,000.00 in potential future payments.

Plaintiff in Routson had been required by agreement to make substantial tax-free monthly payments, except if his ex-spouse habitually cohabitated in a relationship analogous to marriage for a year. That disqualifying cohabitation was proved by a preponderance of the evidence in this special case, as the Court refused to reward Mrs. Routson for temporary separation that camouflaged her ongoing romantic relationship.