Cohabitation Clarification


#1

My ex and I have a 2009 NC Separation Agreement and a 2010 NC divorce decree. I remain a resident, she moved out of state in 2009. My Ex has just moved from where she’s been to a city 200 miles away (same non NC state) where her boyfriend she’s been seeing resides and into a house which I’ve verified was a purchase. Our children tell me that her boyfriend and his daughter (during her visitation with him) also live there. In fact, my Ex’s boyfriend’s daughter and our daughter share a bedroom. Not sure who bought the house as public records are not yet available (purchase and occupancy was only 2 days ago). Our separation agreement clearly states alimony terminates upon cohabitation. Once title info is on line, with above info is she cohabitating if; A) she is only on title, B) both are on title, and/or C) he is only on title? Also, what else do I need to prove cohabitation to justify stopping alimony?


#2

I could be wrong, but it’s not about the title. Even if she solely owned the house but he was living there then it’s cohabitation. I also believe I’ve read that any frequent and regular overnights can be considered cohabitation. Depending on how much alimony you owe, it may be financially worthwhile to hire a PI to get the information you seek. Otherwise perhaps Erin can enlighten us as to what other info you need to prove cohabitation.


#3

Thanks EndoftheLine for your reply. I’ll see if Erin chimes in some advice too. The title thing is more an example of the question to Erin of what kind of things would be more “per se” proof of cohabitation so I wouldn’t have to hire a PI (although I know that is likely the eventual solution).


#4

I had a case where alimony terminated due to cohabitation. All I had to show was that he was regularly sleeping over and/or living there.


#5

wcom -

What kind of evidence did you need to prove cohabitation if the new partner wasn’t living there but just spending the night all the time? Pictures?


#6

It was my first marriage BTW…not my current crop of problems.

She admitted it believe it or not…She tried to throw out the separation agreement and when we went to court to have it upheld, she admitted that he’d been living there since March (I paid alimony until June). I was awarded two back months of alimony. This was 15 years ago so not sure if anything regarding this issue has changed.


#7

The title to the house is not necessarily determinative of cohabitation, the real test is if they are actually living together. You may wish to hire a PI to investigate further and obtain photographic evidence of the two of them coming and going for a period of time.
If you find that they are living together you may stop paying alimony. If she sues for breach of contract you can defend the action with the evidence you have collected.