Alimony responsibility

Regarding alimony…if the ex enters into a romantic relationship and then later ends that, no marriage just a relationship, am I responsible to pick up alimony again until the full duration is met (assuming no further relationship or marriage occurs)?

If you have an alimony obligation and the recipient spouse starts dating someone but does not marry that person and does not cohabitate with that person, then your alimony obligation must continue until its termination or expiration.

Unless your separation agreement or court order states otherwise, alimony terminates upon the first to occur of the following: (1) death of Husband, (2) death of Wife, (3) remarriage of Recipient Spouse, (4) cohabitation of Recipient Spouse with an unrelated adult (in a dating or romantic relationship) as defined by N.C.G.S. Section 50-16.9(b) and related NC case law, or (5) the completion of the full alimony term.


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.

I should have been more clear on my request. In this question, I am speaking specifically of cohabitation, not just a relationship. In the case of cohabitation, does alimony end when cohabitation is begun?

Alimony terminates when cohabitation with an unrelated adult who is a romantic interest/partner as long as your alimony termination terms include cohabitation. If your alimony termination terms in your separation agreement do not state that alimony terminates upon cohabitation by the receiving spouse, then alimony continues, and the paying spouse must continue to pay, regardless of whether or not there is cohabitation by the receiving spouse.

North Carolina law defines cohabitation as “the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship. Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations” (N.C.G.S. Section 50-16.9(b)).


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.

Thank you for the clarification. One more specific question, does alimony responsibility resume if that cohabitation ends or is alimony forever terminated on any one of the aforementioned conditions?

If the recipient spouse engages in cohabitation as defined by the statute quoted above, and cohabitation is listed as a terminating factor in your separation agreement, then alimony terminates permanently. It does not resume if and when the cohabitation ends at a later time.


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.

Regarding cohabitation, how does one go about proving it? Given the ex would have no desire to offer up the fact they they are cohabitating, do what constitutes proof in the eyes of the court so that alimony can be terminated?

Hiring a private investigator is the best way to gather evidence of cohabitation.


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.