Luttrell v. Cucco

Opinion by Justice WILLIAM C. MIMS.

In this appeal, we consider whether same-sex couples can "cohabit [ ] ... in a relationship analogous to a marriage" for purposes of Code § 20-109(A). The appellant also asks us to vacate an award of attorney's fees assessed by the circuit court.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Michael Luttrell ("Luttrell") and Samantha Cucco ("Cucco") were married on January 6, 1992. They later separated, and Cucco filed for divorce on October 5, 2007. Subsequently, they executed a "Property, Custody, and Support Settlement Agreement" (the "PSA"). The PSA was…