Luttrell v. CuccoAnnotate this Case
Samantha Cucco filed for divorce from Michael Luttrell. The circuit court entered a final decree of divorce that incorporated a Property, Custody, and Support Settlement Agreement (the PSA) executed by the parties. Pursuant to the PSA, the divorce decree provided that Luttrell’s monthly spousal support payments to Cucco would terminate “as a result of action by the Court taken pursuant to [Va. Code 20-109]…relative to cohabitation.” Luttrell later filed a motion for adjustment of spousal support, alleging that Cucco had been cohabiting continuously with her fiancee for at least one year. In response, Cucco argued that because her relationship was with another woman, she was not “cohabiting” within the meaning of section 20-109(A). The circuit court concluded that only opposite-sex couples could cohabit for purposes of section 20-109(A), denied Luttrell’s motion, and awarded Cucco attorney’s fees pursuant to the cost-shifting provision in the PSA. The Court of Appeals affirmed. The Supreme Court reversed the judgment of the Court of Appeals and vacated the award of attorney’s fees, holding that the Court of Appeals erred when it concluded that same-sex couples cannot “cohabit” for purposes of section 20-109(A). Remanded.