Their alimony should be terminated-HELP!


#1

Can alimony be terminated? If a spouse signed a mediation agreement and everything was settled, signed filed etc by both parties. Supported spouse is not supposed to cohabitate with anyone as NC law defines it. What kind of proof do you need for alimony to be terminated? What happens when the spouse claims it is “just a room-mate” and it is not a partner/lover. What evidence do you need to make it an airtight case so spouse doesn’t get to keep alimony. HELP!!!


#2

If the dependent spouse is living with someone with whom they are engaged in a romantic relationship the supporting spouse may stop paying alimony according to the Agreement.

If the dependent spouse then attempts to sue for breach of contract the supporting spouse will need to prove the cohabitation. Using a PI to gather evidence of the comings and goings of the paramour will be helpful, and if a lawsuit is filed you may subpoena financial records and other documents (bills, bank statements, ect) to prove the cohabitation.


#3

So even if they have a room-mate who is paying rent then alimony continues?

I’m guessing the paid rent would have to be included as income for child support purposes?


#4

A roommate does not constitute cohabitation if there is no romantic relationship. The rent can be considered income if the same is paid to the dependent spouse.