Resumption of Marital Relations

North Carolina Divorce Law Divorce and Separation Answers
1

Dear divorced64:

Greetings. Resumption of marital relations is when you and your wife reconcile and begin resuming your life as if you never separated. It sounds to me though like you are speaking about cohabitation to end alimony? If they are not “living” together, then there is no cohabitation generally. No, even if the court found cohabitation, you will not get your paid alimony back. Good luck.

Janet L. Fritts
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

301 McCullough Drive Suite 510
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.

2

Under North Carolina Law, what constitutes resumption of marital relations and how might it release me from spousal support obligations. I am currently separated (since July). My soon-to-be-ex has been dating the same person from the start (more than likely since before the start). She has already told our kids that they will be getting married as soon as the divorce is final. They spend a majority of their time together especially when they don’t have either set of kids. They go on weekends together with all of the kids and sleep together in the same room. He frequently picks up my kids from school and takes care of them on a regular basis while she is working. He does maintain a separate residence but I think its mainly for appearance sake. I also believe they just purchased a new car together. All-in-all, it seems like the only thing that hasn’t taken place is the marriage. Is it also possible to sue for return of spousal support already paid if a case can be made?