Confused about cohabitation and alimony.
If I have a male friend stay in my home, in separate rooms for 3 months, is this considered cohabitation?
If two homes are on the same property, does this count as cohabitation?
Thank you. Cohabitation is based on NCGS 50-16.9
A male friend (someone of the opposite sex) residing in your home for 3 months but in a separate room may not perfectly fit the definition of cohabitation per the statute, but it would be incredibly risky if you are receiving alimony and cohabitation is a terminating factor. This is based on how the situation would look from the outside looking in, especially if your ex hired a private investigator. It is generally advisable to not have anyone live in your home while you are receiving alimony.
Two separate homes on the same property would not be considered cohabitation.
For clarification, the NC General Statutes define cohabitation for purposes of alimony as follows, per 50-16.9(b): “[C]ohabitation 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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