Proof of Common or Shared Residence
The requirement that the payee ex-spouse and that party's paramour be shown to have established and shared a common residence is firmly established in Virginia case law.
See Schweider, 243 Va. at 248-49, 415 S.E.2d at 137; Frey, 14 Va. App. at 275, 416 S.E.2d at 43 ("cohabitation, analogous to a marriage," means a status in which a man and woman live together continuously, or with some permanency, mutually assuming duties and obligations normally attendant with a marital relationship);
see also Petachenko, 232 Va. at 299, 350 S.E.2d at 602. the shared common residence factor has been utilized as an element of the definition of cohabitation even before its use in property settlement agreements.
See Johnson, 152 Va. at 970, 146 S.E. at 291 (cohabit means "to live together in the same house as married persons live together, or in the manner of husband and wife").
However, proof of a common or shared residence does not itself establish cohabitation. See Bergman, 25 Va. App. at 213, 487 S.E.2d at 267 (citing Schweider, 243 Va. at 248, 415 S.E.2d at 137; Frey, 14 Va. App. at 273, 416 S.E.2d at 42).