Cohabitation

Dear BasicCable:

Greetings. Cohabitation is generally living in a situation where you are holding yourself out as if in a husband and wife relationship (and that does not mean that it needs to include sex). Are you the dependent spouse?

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Janet,

Thank you for the reply. In the marriage, I made slightly more money than my wife. Neither of us are dependent on the other. We’ve decided that neither of us will collect alimony. As for the possible roomies, I do make more money than they do, but would only be paying my share of everything.

“Holding yourself out as if in a husband and wife relationship”. is there any clear example of that? Would that be like grocery shopping together? or more like going out together? from what I’ve read, it seems to be based on how the situation “looks”. I get the picture, but an example or two would help. Thanks so much!

Dear BasicCable:

Greetings. Are you paying bills together? Do you keep clothing in the same spot? What things do you do together? Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I’ve read most of the posts on the subject, but didn’t see anything that really answered my question. Perhaps it is because the definition for cohabitation is so loose. Basically, the question is what needs to be proven for cohabitation. I separated from my wife recently, and have been crashing on friends’ couches since while I try to find my own place. Almost all my friends are female (didn’t play a part in the separation). It’s always been that way for me. A couple of them (separately) are looking for a roommate. In both situations, they are renting a house, and I would have my own room. Does that still count as cohabitation?