Greetings. First, you are not paying “alimony” to her if you do not have an agreement. If you are not paying pursuant to an agreement, you cannot count it as a tax deduction and she does not have to count it as income…it is simply a gift from you. Nice of you, no?
Now, I agree with you not to sign an agreement without a waiver of alimony. Nevertheless, she is no longer entitled to alimony in North Carolina anyway. Now, if you are in other states, you may want to research their laws. If neither of you live in NC anymore, it will not matter what NC law is, only the state one of you live in and sign the agreement in. If you are not in NC (which you say you are not), then check the law in your state before you do anything else!
Finally, cohabitation does not mean that you have to have sex. Cohabitation is just living with a member of the opposite sex. Do not send one more cent prior to speaking with an attorney in your area and having a signed agreement with your wife. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.