What is Considered Cohabitation for the Purpose of Spousal Support in North Carolina?

When one spouse in a divorce makes considerably more money than the other spouse, alimony (or spousal support) may be awarded to the spouse who earns less. This spousal support will vary in amount depending on the finances and assets of the husbands and wives, and it can come with various stipulations, including timeframes.

While a judge may decide to limit support to a set period of months or years, North Carolina law also stipulates that alimony will end in certain circumstances. If the spouse receiving support payments remarries or cohabitates with someone else, the paying spouse will no longer have a duty to pay support. Determining cohabitation is not always straightforward, such as in the case of Meeker v. Meeker.

Cohabitation in Meeker v. Meeker

In Meeker, Husband and Wife entered into a separation agreement that stipulated Husband pay $7,577.78 per month in spousal support to Wife for a period of 15 years. The agreement specifically stated that Wife was free to live anywhere and with anyone she deemed fit but that Husband’s obligation to pay support would terminate upon Wife’s cohabitation.

In 2018, approximately eight years after signing the separation agreement, Wife began dating someone. For over two years, she spent most nights at his home. Husband stopped making support payments in 2019 based on his belief that Wife was cohabiting with the man. Wife filed legal action stating that Husband breached their separation agreement. In 2021, the trial court determined that Wife had not been cohabiting and entered a judgment that Husband owed 15 months of back payments to Wife. Later in 2021, the court found Husband in contempt for failing to comply, and he appealed the contempt order.

The Court of Appeals ultimately affirmed the ruling by the lower court that Wife had not cohabited. This decision was based on a number of factors.

Elements of Cohabitation in North Carolina

According to the statutory definition of cohabitation, along with the definition applied by the North Carolina Supreme Court and the Court of Appeals, the following elements must exist for someone receiving spousal support to be considered cohabiting:

• Living together as husband and wife
• Mutually assuming marital rights, duties, and obligations
• Cohabitation is not necessarily dependent on sexual activities

In the Meeker case, Wife kept her own separate residence, kept no clothes at the man’s home, did not share expenses with the man, did not perform household duties or chores at the man’s home, never showed public displays of affection, and did not benefit financially from staying with the man.

A crucial element of cohabitation is that marital duties, rights, and obligations must exist between the two people living together. Without that, the requirements for cohabiting might not be met. Contact an experienced North Carolina family lawyer if you have questions about cohabitation or spousal support.