This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
North Carolina Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Cohabitation By Dependent Spouse?
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FAQ
You can prove your cohabitation by supplying tenancy agreements or joint documents such as utility bills. However, due to cultural and religious factors, some people may not be able to meet the cohabitation requirement.
Specifically, North Carolina General Statute Section 50-16.9 provides that ?[i]f a dependent spouse who is receiving post-separation support or alimony from a supporting spouse under a judgment or order of a court of this State remarries or engages in cohabitation, the post-separation support or alimony shall terminate ...
Cohabitation Definition However, if you just sleep over a few nights per week (or even most nights), that's not cohabitation. Cohabitation means your stuff is all in the same place, and you're truly living together.
Proving Cohabitation Witness testimony from the cohabitants neighbors. Photographic and video evidence of cohabitation. Evidence of frequent joint vacations. Proof of joint bank accounts. Evidence of a marriage-type relationship. Evidence of a joint mailing address.
A Cohabitation Agreement is a legally binding contract, enforceable under North Carolina law, which can outline issues like the dispersal of assets and debts, healthcare decisions, and estate planning issues, among others. Interestingly, these agreements are not restricted to only those in a romantic relationship.
North Carolina law defines cohabitation as two adults ?dwelling together continuously and habitually? in a private heterosexual or homosexual relationship, even if the relationship is not solemnized by marriage.
Alimony ends when either spouse dies, when the date set in the alimony order passes, or if the dependent spouse remarries or moves in with a new partner. The court can also change the amount of alimony or stop it completely if either spouse experiences a change in life circumstances.
The recipient of spousal support can petition for upward modification by showing significant change in circumstances such as loss of employment, disability or illness and any financial emergency.