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Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 3706 (2026)

 Bar to alimony.

✓ current as of May 2026
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§ 3706.  Bar to alimony.

No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1991–2022 · leading case: Kripp v. Kripp, 849 A.2d 1159 (Pa. 2004).
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Kripp v. Kripp, 849 A.2d 1159 (Pa. 2004). · cites it 9× “Second, *1163 it disregarded the fact that the Superior Court has elaborated that "in order to bar alimony, cohabitation occurs when: `two persons of the opposite sex reside together in the manner of husband and wife, mutually assuming those rights and duties usually attendant…”
McMahon v. McMahon, 612 A.2d 1360 (Pa. Super. Ct. 1992). · cites it 2× “It is to be presumed that the parties entered into the agreement as equals, fully represented by counsel and with full knowledge of both statutory and common law.”
Lobaugh v. Lobaugh, 753 A.2d 834 (Pa. Super. Ct. 2000). · cites it 2× “Cohabitation is a definition that has to be viewed in light of the facts of each individual case.... We are talking about a consistent pattern of conduct established over a substantial period of time with one person.”
Miller v. Berschler, 621 A.2d 595 (Pa. Super. Ct. 1993). · cites it 2× “Miller has alleged that his lawyer negligently failed to advise him that the wife's continued habitation with an adult male, in the absence of agreement to the contrary, was a basis for terminating alimony under the provisions of the Divorce Code at 23 Pa.C.S. § 3706. It was…”
McMahon v. Shea, 657 A.2d 938 (Pa. Super. Ct. 1995). · cites it 2× “Moreover, even if the lawyers were unfamiliar with the provisions of the Divorce Code, they had an obligation to familiarize themselves with the law before advising their client to sign a legal agreement containing language which created rights contrary to and in excess of those…”
Woodings v. Woodings, 601 A.2d 854 (Pa. Super. Ct. 1992). · cites it 2× “*409 23 Pa.C.S. § 3706. 1 He also contends section 401.”
DeMasi v. DeMasi, 597 A.2d 101 (Pa. Super. Ct. 1991). “The element which has caused some confusion on the part of the appellant in this case is in relation to 23 Pa.C.S. § 3706, Bar to alimony, which provides: “[n]o petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to…”
Musko v. Musko, 697 A.2d 255 (Pa. 1997). · cites it 2× “2d 1380 (1993) (23 Pa.C.S. § 3706, which bars alimony where the recipient remarries, does not bar APL in the same circumstances).”
Peck v. Peck, 707 A.2d 1163 (Pa. Super. Ct. 1998). · cites it 2× “Pursuant to Section 507 of the Divorce Code, now codified at 23 Pa.C.S. § 3706, a party is not entitled to alimony if he or she “has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of…”
Long, M. v. Long, C., 282 A.3d 694 (Pa. Super. Ct. 2022). “§ 3706 [(“Bar to Alimony”)] or in the Divorce Code to show that the General Assembly intended that the definition of cohabitation set forth in the statute be incorporated into or control private agreements or that the courts are foreclosed from applying the law of contracts to…”
Jacoby v. Jacoby, 341 P.3d 1231 (Haw. App. 2014). “9(b) (West 1995); 23 Pa. Cons.Stat. Ann. § 3706 (West 1990); Utah Code Ann.”
Long, M. v. Long, C., 2022 Pa. Super. 129 (Pa. Super. Ct. 2022). “§ 3706 [(“Bar to Alimony”)] or in the Divorce Code to show that the General Assembly intended that the definition of cohabitation set forth in the statute be incorporated into or control private agreements or that the courts are foreclosed from applying the law of contracts to…”
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