Cohabit during divorce proceeding

Legally, yes. You are married up until the divorce judgement. If your STBX is vindictive and has the cash, then he may have circumstantial evidence for Criminal Conversation if you move in together.

FWIW, if you just separated in mid-October, you have to wait until next mid-October to file. There is a one year waiting period in this state.

Cohabitation is grounds to terminate alimony in NC. If you are the dependent spouse and hope to receive alimony, do not move in with anyone either before or after a divorce. Also, like Athos stated, you are still married at this time. If alimony is not going to be an issue, wait until the divorce is final. Also, if children are involved, you could possibly lose custody over this issue. If you are working on a separation agreement at this time, then you could settle these issues prior to the divorce.

Yes, that is considered cohabitation, while you may not be punished for it, it is still a violation of the law. If you are receiving alimony it will terminate as soon as you begin cohabitation.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Durham, NC 27713
Phone: (919) 321-0780

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Is cohabitation after divorce is filed but before it is granted likely to be punished? (If the ex has the money to pursue this, one would think he had the money to pay child support…) I’m currently driving an hour four days a week to work in the same town as my partner, with my son already in daycare there (but we drive an hour home in the evenings). It would be much easier on all of us to go ahead and move, but because of the date of separation (the middle of October) the divorce case won’t be heard until the middle of January. Will these three months of limbo still be regarded as marriage?