North Carolina Divorce Lawyers Blog

Articles Tagged with cohabitation

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Orren v. Orren, 800 S.E.2d 472, 253 N.C.App. 480 (N.C. App. 2017)

We have previously written about what cohabitation means in the alimony and postseparation support context. Essentially, according to North Carolina law, it is an appropriate termination point for alimony and postseparation support. But in some cases, a party that could potentially bring a claim for spousal support may have already begun to cohabitate. Can the potential supporting party claim cohabitation as a defense? Continue reading →

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In North Carolina, there are various methods for an alimony order to terminate. One such way is by cohabitation by the dependent spouse (the spouse receiving alimony). But what exactly is cohabitation, and how does it impact an alimony order? Continue reading →

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Carolyn Woodruff, J.D., C.P.A, C.V.A.
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Dear Carolyn,

My ex is receiving alimony, which I obviously do not want to pay.  She has a son, by another marriage, who is a heroin addict.  My ex-wife began dating shortly after our divorce, and she seems quite entrenched with this guy.  He stays over at my ex’s on some weekends, but he does still have his own apartment.  I know he has a key to my ex’s house, and I know he stayed there four weeks when the heroin addict was in rehabilitation.   My court order for alimony says that the alimony terminates upon cohabitation or remarriage.  Will the court terminate my alimony?  Is my ex cohabiting?

                – Sorry to be paying alimony

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In Part 1, we discussed that proving cohabitation in North Carolina is not an easy task. There have been multiple North Carolina Court of Appeals cases where the dependent spouse and new flame had been dating for years, were blending finances, were vacationing together, and living together as much as five days a week; yet the Court found there was no cohabitation. The most important thing to keep in mind when trying to prove cohabitation to the court is your evidence. Continue reading →

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If you are going through a separation and divorce in North Carolina, one topic that always arises is the dreaded “A” word: Alimony. No one wants to be responsible for supporting their soon to be ex-spouse, and if they are going to be responsible for that support, they want to know what can make the obligation (a.k.a. nightmare) end. Continue reading →