Alimony/Cohabitation


#1

#2

It sounds like she is cohabitating. If the contract states that alimony terminates based on cohabitation you can stop paying the alimony. However, she may sue you for breach of contract. If you end up in court the, court will make a determination and decide whether or not she is cohabitating. Before you take this step I would recomend that you meet with an attorney to review your Agreement, there may be specific language in your agreement that requires you to get permission before you stop paying. You may also have a problem because this issue existed before you executed the Agreement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
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ROSEN.COM

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.


#3

My ex has been living with her M ‘roommate’ since prior to our divorce being final - 3.5 yrs. Our alimony agreement state that having a M roommate is not considered cohabitation. This ‘roommate’ goes on vacation with her and my child, attends my childs’ school events, picks up my child from school, practice, cares for my child while she is out with friends, maintains the home they live in, etc. Neither have had a relationship with any other party during this time. Sounds like cohabitation to me. How do you go about terminating alimony in such a case?

Amazed