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Cohabitation after Separation and Termination of Alimony

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:

  • the act of two adults dwelling together continuously and habitually
  • in a private heterosexual relationship, even if not married, or a homosexual relationship.
  • evidenced by the voluntary mutual assumption of those marital rights, duties and obligations which  are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations.

Whether someone is cohabiting is determined based on the facts of each case. Courts consider a variety of factors, including:

  • the number of overnights spent together;
  • whether the sexual relationship is monogamous;
  • whether the dependent spouse and third party have a key to the other’s residence;
  • whether personal property, such as cars are kept at the same residence;
  • whether living expenses are shared;
  • whether the dependent spouse and the third party grocery shop for one another, eat meals  together, do yard work, walk the other’s dog, use each other’s cars, attend family functions together and/or otherwise engage in day-to-day activities with one another that would be considered similar to those of married persons.

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.