My separation agreement was initiated in NC, and my divorce was issued in NC. Both parties (me and my ex) now live in Pennsylvania. I believe that the time will soon come when I can prove that my ex is cohabiting, thus ending my obligation for alimony. I assume that this effort will follow the laws and conventions in PA rather than NC…but just wanted to be sure. As this will be a contractual matter (which was specifically detailed in the Separation Agreement) will I just have to initiate some legal action to show that the situation has changed?
If your ex-spouse has violated the separation agreement, then you would file a breach of contract action against your ex-spouse in PA, and PA would enforce it.
Most likely your separation agreement is written so that you can stop alimony payments on your own when your spouse is cohabitating and no court involvement is necessary assuming the separation agreement states that alimony terminates upon the receiving spouse cohabitating as defined by NC statutes and case law. Just be prepared with your evidence or cohabitation in the event your ex-spouse files a breach of contract action against you.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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