Divorce Lawyers San Antonio

While proof of sexual conduct between spouse receiving maintenance and the person with whom the spouse is living is no longer necessary to establish cohabitation on a conjugal basis, something more than merely living with another person of the opposite sex is required.
A conjugal relationship does not require sexual conduct; an impotent male is capable of a conjugal relationship.
While the term “cohabitation” means living together as husband and wife, but does not necessarily imply sexual intercourse, “conjugal basis implies the assertion of the right of sexual intercourse between husband and wife;’ thus continuing sexual intercourse must occur between parties one of whom is receiving maintenance payments from an ex-spouse before the pertinent provision of subsection (b) of this section is triggered.
Out-of-wedlock intercourse can be proved by circumstantial evidence, but the law requires either direct or circumstantial evidence of sexual conduct before maintenance payments can be terminated.
Requiring evidence of sexual conduct does not pose a public policy problem as to the standard of proof.
This statute contemplates acts of sexual intercourse as part of the conjugal husband-wife relationship which it seeks to describe.