Joseph Paul, Below v. Shannon Paul, Below

Summary

The Supreme Court of Delaware held that the Family Court used an incorrect standard to determine whether an alimony recipient was cohabiting under the statutory term “regularly residing.” The Court held that regular residence means living together with some degree of continuity, that separate homes do not preclude cohabitation, and that the parties’ retirement status and daytime activities were not controlling. The judgment was reversed and remanded for reconsideration under the correct standard.