I am receiving alimony from my ex. I’m looking into purchasing a fixer upper property with my boyfriend as an investment. He will live in it, I won’t. Would the fact that we have purchased together be deemed co-habitation and threaten my alimony?
No, the act of buying real estate with your boyfriend will not count as cohabitation for purposes of alimony. You would need to be living together and sharing a residence in order for the terminating factor of cohabitation to take effect.
Per N.C.G.S. 50-16.9(b), “cohabitation means 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.”
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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