Hello! I have been divorced for over 3 years now. We have a separation agreement that was not incorporated into the divorce, so is a contract between us. The cohabitation stipulation clause is in the SA (the wording is as per the template you have on your website here). My ex has an ongoing romantic relationship but the evidence of cohabitation is not clear, nor will the ex be forthcoming to the fact. They both maintain separate residences, but according to my adult children, the ex stays at the partner’s residence 4-5 days per week. I do not know how long this has been going on for sure but the relationship has been in place for about a year maybe more. I have read about the definition of cohabitation and understand it is not always clear cut. I do feel that the ex is cohabiting but evidence is lacking and so far challenging to obtain. Yes, I realize that hiring a PI is one of the most obvious forms of obtaining evidence, but this is a costly endeavor. Social media evidence is not readily available. What should be my next steps for obtaining sufficient evidence that cohabitation exists?
Cohabitation for purposes of alimony termination is when two people are in a romantic relationship and they hold themselves out to the public like a married couple.
This means they are doing things that you would expect a married couple to do, for example, they are spending the night together (does not have to be every night), they are sharing household responsibilities (like grocery shopping together, buy a car together, etc.), they are sharing in the payment of expenses, etc. You do not have to prove all of these - there are just some of the many examples that there could be.
You are right that evidence of cohabitation is not clear cut and it varies from case to case.
The very best way to obtain the evidence of cohabitation in order to defend against a breach of contract lawsuit if alimony payments are terminated, is by a private investigator.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Ok, thank you for the reply.
In lieu of discontinuing alimony but considering an amended alimony amount, how might I go about altering that? I have read there are no specific formulas used in NC, but I’ve seen on your website there are many that are used for comparison purposes. Which, if any of those, are typically used in NC? If I were to suggest an amendment to the amount of alimony, what is the typical process in this case where it is not a court-ordered amount? For the purpose of confirming income, is there any requirement for the ex to supply that data or is it on my to obtain it somehow?
Alimony in a separation agreement is non-modifiable unless both parties to the separation agreement agree to modify it. This is rarely the case.
If you were to agree to modify alimony in a separation agreement, then it would be renegotiated based on current incomes and financial situations. There is no formula used in NC or recognized by the NC statutes or NC case law.
Instead, alimony is based on 16 Factors, assuming one spouse is the supporting spouse and the other spouse is the dependent spouse.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.