A threshold requirement for a finding of cohabitation is that the former spouse and another person actually share a common residence. Cranwell v. Cranwell, 59 Va. App. 155, 163, 717 S.E.2d 797, 800 (2011). Unquestionably, that requirement is met here.

As we have recently emphasized, "'the term "cohabit" means to live together in the same house as married persons live together, or in the manner of husband and wife.'" Cranwell v. Cranwell, 59 Va. App. 155, 161, 717 S.E.2d 797, 800 (2011) (quoting Schweider v. Schweider, 243 Va. 245, 248, 415 S.E.2d 135, 137 (1992)). Indeed, "[t]he requirement that the payee ex-spouse and that party's paramour be shown to have established and shared a common residence is firmly established in Virginia case law.

"'The determination of child support is a matter of discretion for the trial court, and such awards will not be reversed on appeal unless plainly wrong or unsupported by the evidence.'" Cranwell v. Cranwell, 59 Va. App. 155, 166, 717 S.E.2d 797, 802 (2011) (quoting Ragsdale v. Ragsdale, 30 Va. App. 283, 295, 516 S.E.2d 698, 703 (1999)). "However, an error of law is by definition an abuse of a trial court's discretion." Id. (citing Shooltz v. Shooltz, 27 Va. App. 264, 271, 498 S.E.2d 437, 441 (1998)).

Schweider, 243 Va. at 248, 415 S.E.2d at 137 (emphasis added) (quoting Johnson, 152 Va. at 970, 146 S.E. at 291).Cranwell v. Cranwell, 59 Va. App. 155, 162, 717 S.E.2d 797, 800 (2011) (other citations omitted). As Pellegrin indicates, the first factor is properly viewed as a threshold requirement, which is a necessary though perhaps not a sufficient condition for cohabitation. Pellegrin, 31 Va. App. at 764, 525 S.E.2d at 616 (acknowledging that a common residence is a "requirement" for cohabitation that "is firmly established in Virginia case law," but noting that "proof of a common or shared residence does not itself establish cohabitation").

Indeed, "if two individuals do not share a common residence, they are not cohabiting." Cranwell v. Cranwell, 59 Va. App. 155, 162, 717 S.E.2d 797, 800 (2011) (While "proof of a common . . . residence does not itself establish cohabitation," it is nevertheless a "requirement for cohabitation."). "Under [the above] framework," therefore, "a court seeking to determine whether a couple is cohabiting in a situation analogous to marriage must ask, first, whether the couple has 'established and shared a common residence.'"

2(C) prescribes that a party's ‘gross income’ ... shall include ... income from ... spousal support.” Cranwell v. Cranwell, 59 Va.App. 155, 166, 717 S.E.2d 797, 802 (2011) (alterations in original). “Furthermore, it provides that ‘[f]or purposes of this subsection: (i) spousal support received shall be included in gross income and spousal support paid shall be deducted from gross income when paid pursuant to an order or written agreement.’ ” Id. (quoting Code § 20–108.2(C)).

The Court further explained that "if two individuals do not share a common residence, they are not cohabiting." Cranwell v. Cranwell, 59 Va. App. 155, 162, 717 S.E.2d 797, 800 (2011). The evidence proved that wife and Craft do not share a common residence. Craft may stay at her house a few nights a month, but he has his own house.

All income includes irregular income. Cranwell v. Cranwell, 59 Va. App. 155, 166-67, 717 S.E.2d 797, 802 (2011). We have held, however, that trial courts need not "speculate as to what the circumstances may be in the future."

Although a trial court may determine the weight to accord each factor, proof of a common residence is a threshold requirement, without which cohabitation cannot be established. Cranwell v. Cranwell, 59 Va. App. 155, 163 (2011). We have stated that "proof of a common or shared residence does not itself establish cohabitation."

"[A] trial court's interpretation of [a marital agreement] is an issue of law that we review de novo." Cranwell v. Cranwell, 59 Va. App. 155, 161 (2011) (alterations in original) (quoting Stacy v. Stacy, 53 Va. App. 38, 43 (2008) (en banc)). A. Portion of Retirement Benefit Plan Payments Due to Wife Per Settlement Agreement