Cohabitation


#1

Our divorce and separation agreement specifies that alimony will end in the event of Cohabitation (as defined in NC 50-16.9) among other things. My ex had moved out of State and is living with her cousin and her cousin’s husband in Michigan. My three children are living there as well. She has changed her address to that house and has established residency and registered the children for school there as well. She shares in the living expenses, has a key to the house and eats and prepares meals for all parties and sleeps there as well. She has made no dicernable effort to find other living arrangements. Does this qulaify as cohabitation? She has been there for 100+ days now (since April 15th).


#2

No, the statutory definition of cohabitation is two adults dwelling together continuously and habitually in a private heterosexual (or homosexual) relationship.


#3

Thanks. Given that definition, how is one ever supposed to prove cohabitation? I am at a loss as would it not just be a simpe matter of the accused simply saying they weren’t cohabitating but, rather, just livng together? Thanks again for your response.


#4

Cohabitation is proven when two people in a relationship live together. It is often proven with the use of a PI.