Getting back together after legal separation

We are legally separated. He is now attending counseling. If that works out and we decide to get back together for a trial period, how will that go when the alimony and all already set with court for legal separation. It states if I move back in it all stops. That brings me to exact question: Is there something I can file prior to the trial period to prevent having to start over. I think he only wants alimony stopped and is not serious. But counseling will tell more.

If alimony terms are in a court order and the two of you resume the relationship, it is possible that alimony would automatically terminate because the recipient spouse is cohabitating in a romantic relationship.

There is nothing you can file prior to a trial period of getting back together. You could file a motion to terminate the alimony, but as the recipient spouse, that would be an unwise move for you and against your financial interests.

You may be able to execute a reunification agreement (not a court order) that sets forth the terms of the reunification and address the property classifications and distribution of property if there is a later separation.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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