Alimony in separation agreement to cohabitation Ex


#1

Hello everyone,
My question is about alimony law with a separation agreement which was not entered as a court order.

Details:
My ex-wife and I signed and had a separation agreement notarized in North Carolina in which she agreed to 3 years of alimony. She then took me to the cleaners in court, took my children away and moved to Oregon where she promptly moved in with her now fiance. They have been living together about a year now and I am still paying alimony. There is a clause in the agreement for re-marriage but nothing for cohabitation as far as terminating alimony.

My question is therefore twofold:

  1. Since this was agreed upon in North Carolina could I contest the alimony since her fiance is paying bills and they are specifically delaying their wedding until after my alimony payments stop? I had read North Carolina does this in cases of cohabitation.
  2. Since this was not entered into a court order I assume the courts will not make such a modification. Given that being the case is there a process by which I could have it entered and then follow through on step 1?

I understand that for details I will need to contact a lawyer but I’m trying to see if this is even an option for me so I know how to proceed.

Thanks


#2

Since your separation agreement does not provide for termination of alimony upon cohabitation by the dependent (receiving) spouse, then you cannot contest the alimony payments. NC statutes do provide for alimony to terminate upon certain cohabitation, but since it is not listed in your separation agreement, you have no recourse.

It is correct that the courts will have no basis to modify the alimony and no jurisdiction to modify the alimony terms.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.