Dear shepardd1:
Greetings. Generally, you must show that someone continuallys spends the night over at someone else’s home. Currently though, there is a “push” by some attorneys to expand the definition of cohabitation to include a close dating relationship that has the parties spending all their time, except for nights, together. I would say that you need photos or video of the parties together.
No, I do not believe that alimony can be recovered retroactively. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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.
Thank you for your response. Would information from the post office showing that mail is delivered to both parties at the same address serve the purpose. Additionally, should the parties purchase a home with both names on the deed, will this suffice. Are pictures and/or a video necessary or can documentary evidence such as I mention here be enough to prove cohabitation?
Dear shepardd1:
Greetings. Yes, evidence that the parties both receive mail at the same address may be good proof of cohabitation. I would be careful to ensure that you obtain this evidence legally though.
Also, I do think that the deed would also help prove cohabitation. In my opinion, what you need to do is go to an attorney, tell/show them all your evidence, and have them research what currently defines cohabitation. Then, they can write a letter for you informing your ex that you intend to stop making payments due to cohabitation. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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.
What types of evidence are required to prove cohabitation in order to have an order of alimony terminated? Can alimony already paid be recovered retroactive to the date cohabitation can be demonstrated by the evidence?
Thank You