My suggestion would be that yes, you will need to go back to court. If he is at your home often and is staying overnight for more than one night consecutively during the week then regardless of paying rent somewhere else, it could look as though you are cohabitating. See the definition below from the Alimony section of the home site:
"Any motion to modify or terminate alimony or postseparation support based on a resumption of marital relations between parties who remain married to each other shall be determined pursuant to G.S. 52-10.2.
(b) If a dependent spouse who is receiving postseparation support or alimony from a supporting spouse under a judgment or order of a court of this State remarries or engages in cohabitation, the postseparation support or alimony shall terminate. Postseparation support or alimony shall terminate upon the death of either the supporting or the dependent spouse.
As used in this subsection, 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. Nothing in this section shall be construed to make lawful conduct which is made unlawful by other statutes."
I would tend to think that was not cohabitation at all. He has a separate dwelling where he pays the bills. If he is not staying with you over 50% of the time, then I would not consider it cohabitation. One night or weekend does not mean someone lives with you.
If you have an agreement or an order requiring your husband to pay alimony and he is not you can take him to court to enforce the agreement or the order.
Helena M. Nevicosi
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.
My ex is refusing to continue to pay alimony, claiming my boyfriend is living with me. What is the definition of co-habitation in North Carolina, one night? three weeks? My boyfriend lives two hours away and is at my home often, however he DOES NOT live there. He shares a home and pays utilities at the other home. Is my only recourse to file suit. Mainly I need to know what North Carolina means by cohabitation in regards to alimony. Thank you