Termination of Alimony


#1

Divorce was granted in March of 1992. My ex-wife was not working full time and we had three children. Consent order was filed in April of 1992 that spells out that former wife is to receive $300.00 per month from my retirement once I retired. Separation agreement was file in Jan. 1992 and it covers several items that I feel are arguable to award a stoppage to paying of alimony and insurance coverage.
I found out that my ex-wife had a full time job and she also had purchased a house for $455,000 with another female. Based on my retirement pay of $32,000.00 a year I went to court in 2011 to ask for the alimony to be stopped. Judge decreed that alimony was NOT court ordered and this was a contract between the two parties. Judge refused to hear the case.
If this is the case, then I feel ex-wife has breached this “contract”. In the section covering alimony it states that wife shall not begin cohabiting with any male. Recent North Carolina rulings have stated that there is no difference in male/female relationships and that you do not have to show any sexual participation of the parties, just that they cohabitate. My ex-wife has lived with this woman for years and has two additional females living in the home all sharing expenses. Clearly the need for alimony has drastically change and she is not as “needy” as she was in 1992. She gets $300 from my retirement and $400 in alimony. This is almost double what I paid when I was working full time. I feel the “spirit” of the 1992 agreement has been breached and should be terminated.