In NC it is illegal to have sex with someone other than your spouse, unless your spouse has given consent. This is even during separation. It is considered adultery. It is a misdemeanor and is rarely prosecuted. There is nothing illegal about dating or having a relationship with someone during separation, only having sex with them.
This means that if both of you have given consent to the other to have sex with someone outside of your marriage then there would be no problem with you moving in with someone else. If you were receiving alimony, that would cease if you were to cohabitate. To be on the “safe” side, I would mention this decision to your STBX and see what his reaction is. If he “consents” to this then you are “free and clear”.

Until the day you are actually divorced, a sexual relationship with someone who is not your spouse is adultery, regardless of the circumstances. Adultery is a misdemeanor and you can be prosecuted for it in this state.

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.

I am just clarifying a few things…i have been separated a few months (not the year and a day yet) and I am now dating someone (and so is my stbx). I think that I read on one of the forums that i cannot legally live with him until my divorce is final. Is that true even though i am receiving no money from from him? even if i do live with the guy i am dating, what legal action can be taken against me if neither my stbx nor myself is contesting the divorce?