Hello,
What is the state definition of cohabitation as it relates to ending alimony early? Is it just one overnight or a regular pattern of over nights of so many nights per month, etc?
Must a private investigator be used to prove this or are other methods acceptable?
Thank you
“Cohabitation” for alimony purposes means continuous and habitual living together with evidence of “the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people.”
This varies on a case by case basis. No two cohabitation cases are the same or have the same facts.
Typically cohabitation is a pattern of spending overnights together, but it doesn’t have to be.
A private investigator is not the only way to prove cohabitation but it is usually the most effective way to prove it.
In our article I Need More Alimony from My Spouse, there is a section towards the very end titled Remarriage and Cohabitation. This Remarriage and Cohabitation section goes into detail about what cohabitation means as defined by the NC Court of Appeals and gives factors that can be used to determine cohabitation in cases where this is an issue.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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