What Constitutes Cohabitation to Terminate Alimony in North Carolina?

Depending on the ruling of the court, an alimony order can be for a set number of years or even life. In order to modify spousal support, whether that be alimony or post-separation support, significant changes are normally necessary. The termination of an alimony order is automatic upon the death of either party, remarriage of the dependent spouse, or cohabitation by the dependent spouse. That being said, what determines cohabitation in North Carolina?

According to North Carolina state law, cohabitation requires:

1. Two adults residing together continuously and habitually.
2. The voluntary mutual assumption of those marital rights, duties, and obligations which are traditionally demonstrated by married people.

It is important to take notice that, although the court requires two people to essentially be living together in order to terminate an alimony order, that does not mean that they must be retaining the same residence. The dependent spouse and third party may each retain a separate residence and still be considered living together.

The second criteria the court will look to is whether the dependent and third party act like a married couple. There are numerous facts considered by the North Carolina courts. There is no one item that is required or determinative.

Some factors considered in determining cohabitation:

1. Do the parties have a long term monogamous sexual relationship
2. Do the parties kiss or hold hands in public
3. Do the parties go on vacation together
4. Do the parties have a key to the residence of the other
5. Do the parties visit the other at their place of employment

Although cohabitation is defined by statute, it is often a source of litigation in court. Seeing as the dependent receiving alimony has an incentive to alter behavior to avoid losing their monthly check, these types of cases may get a bit grey at times. This may include keeping a separate residence, limiting the nights spent together per week, not keeping their belongings at the other party’s place, not getting engaged, etc. This behavior can make it quite frustrating for the person ordered to pay. Often, testimony from a private investigator, phone records, and bank records help to establish cohabitation.