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 for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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