What you are looking for is in section “b” second paragraph below from the NC General Assembly section under Statutes.
NC G.S. 50-16.9:
Ok- but i only have a recorded Seperation Agreement. This is currently no court order for support. Does this make any difference?
If you have an agreement and it states that alimony or post separation support will cease upon cohabitation then this is the definition the court would recognize.
If the wording in the agreement does not specify this then it is assumed, I believe, that cohabitation results in alimony or pss stopping.
If the wording in the agreement specifically states that alimony or pss will continue regardless of cohabitation or remarriage then there is nothing that can legally be done to stop alimony or pss other than the death of one spouse or by agreement that overrides the original.
If your agreement does not specifically define cohabitation, it should be interpreted using the most common definition. In our state that is the definition set forth in the statutes. The language in the statute has already been posted by one of the other member’s of our forum.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
PLEASE PROVIDE THE NORTH CAROLINA DEFINATION OF THE TERM “COHABITATION” THANK YOU