my husband (we are still married) dropped of some paperwork from his attorney yesterday stating that he will no longer pay alimony due to my supposed cohabitation …NC general statues section 50-16.9… We have a signed seperation agreement! Can he just decide not to pay without taking me to court to prove this cohabitation??? They said the letter was to place me on actual notice??? I plan to go to the court house and file for nonpayment of alimony… Is this LEGAL ?? can he chose when and what he pays??? Our agreement states we can sue for non-performance… so does this me he can do this until I sue him??? PLEASE HELP!!!
If your spouse stops making his payments your remedy is to for breach of contract. If you are non cohabitating and therefore win the case, he will likely have to pay your attorney’s fees if the agreement provides for the same.