Do I have to continue to pay alimony if my ex wife is living with another man? She has been living with him for years.

Asked over 1 year ago - Raleigh, NC

I live in NC and she lives in KS-- we were divorced in KS in 2006.

Attorney answers (2)

  1. Howard M Lewis

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    Answered . I am sorry that you are going through this. First take a look at your divorce agreement and then at your local state rules, in MA we have adoped a new provision which allows the paying spouse to potentially terminate alimony if the recieving party cohabitates with someone for longer than 90 days, perhaps your state has a like kind law. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Leslie Hall Amos

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    Answered . This really depends on what your separation agreement or court order says regarding alimony. Most likely, you can't simply stop paying but will need to go back to court to modify (or terminate your obligation). Generally speaking, in North Carolina, alimony ordered by the court will terminate in specific circumstances, such as when either party dies or the party receiving alimony (the dependent spouse) re-marries or co-habits with another person. The laws of North Carolina define cohabitation as: "the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship. Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations." However, since your divorce and/or separation agreement were entered into in the state of Kansas, the laws of Kansas would prevail in your matter and you would probably be best served by seeking counsel in that state to try to terminate your alimony obligation.

    Any answer provided through this discussion board is a general response to the question and NOT intended as legal... more
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