Alimony during cohabitation

If your spouse is cohabitating that is grounds for termination of alimony. Before you stop making payments you should meet with an attorney to review the specific language of your agreement. If the cohabitation language is not included, then you may not have grounds to terminate alimony, even if the law in the state says otherwise.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

My ex and I have signed a separation agreement 1.5 years ago, based on which I am paying quite a bit of alimony. However, ex moved in with another person off the Internet 11 months ago. Our divorce is final now. Do I have to keep on paying alimony based on separation agreement? Or cohabitation eliminates this liability (based on NC family law)? Contract law or family law? Has there been any precedence? My alimony runs out in about 5 months.