Cohabitation after separation may affect your right to receive or your obligation to pay alimony. Under North Carolina law, if the court determines that a dependent spouse receiving alimony pursuant to a Court order is cohabiting, the court is statutorily required to terminate future alimony payments.
The alimony statute defines cohabitation as:
Whether someone is cohabiting is determined based on the facts of each case. Courts consider a variety of factors, including:
If you believe your right or obligation to receive or pay alimony may be impacted due to issues of cohabitation, you should contact an attorney to learn how the law may apply to the particular facts of your case.
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