Duty of Cohabitation: Definition and Meaning
The duty of cohabitation is the obligation for spouses to live under the same roof, which formally ends in cases of separation or divorce.
Definition of the Term
The duty of cohabitation is one of the obligations that arise directly from marriage, established by Article 143 of the Italian Civil Code. It requires spouses to establish a common residence and live there permanently, understood as a unity of intent and sharing of daily domestic life. This duty is not merely physical but symbolizes the spiritual and material communion between partners.
The End of Cohabitation During Separation
For those facing legal separation/glossary/legal-separation, the duty of cohabitation is the first to cease. The suspension of this obligation can occur by mutual consent or with the judge's authorization. It is crucial to distinguish the cessation of this duty from abandonment of the marital home/glossary/abandonment-marital-home: the latter occurs when a spouse leaves without just cause such as an irreversible crisis or abuse, risking being held responsible for the separation. For single parents, the end of cohabitation officially marks the beginning of a new family organization.
Implications for Children and Parenting
Although the duty of cohabitation between former partners ceases, the concept of residence remains central for children. Even if parents no longer live under the same roof, they must agree on the child's habitual residence/glossary/childs-habitual-residence to ensure stability for the children. In cases of shared custody/glossary/shared-custody, the parents' cessation of cohabitation must never prejudice the children's right to maintain a balanced and continuous relationship with both.