What is cohabitation?


#1

Cohabitation is a very hard thing to defined. The court looks at each case and tries to determine if the parties in that case are “holding” themselves out as a married couple. Because you both have separate residences, separate finances, and do not reside together 100% of the time, it will be much harder for your spouse to prove cohabitation. I would maintain the boundaries you already have in place. I cannot guarantee that a court would find you are cohabitating, but I do not think it is likely.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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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

I was divorced after 30 years marriage on June 4 2004. I am now seeing a man who owns and maintains his own house in the same town as me. He pays his bills and I pay my own bills. He spends the night a few times a week at my house. He keeps about three to four changes of clothes at my house which I do keep laundered. Due to bad health problems he also keeps some of his medications at my house in case he spends the night. We see and do things with each other most every day. I usually cook or we go out to eat. He works 40 hours a week, but I am retired. And YES, there is GREAT SEX going on in this relationship. My Ex is now wanting to stop my alimony payments because he says I am cohabitating. I need to know if this is considered cohabitation. I have looked up the definition of cohabitation in the NC Family Law Glossary, but I guess I need my cans and cannots spelled out for me. Example… Can he have some changes of clothes at my house? If yes,how many?? Can I wash these clothes? Can he shower at my house…?? Shave??? Do some chores around the house?? Can he eat at my house some?? And if so, how many times a week, Please list some dos and do-nots because I can not afford to lose my Alimony…I do want to stay within the safe limits of what is permitted inorder for me to keep my Alimony, but I also want to have a life…