Your ex has a new partner, maybe even living with them. Meanwhile, you’re still making monthly alimony payments. It feels unfair—so can you stop paying?
In South Carolina, cohabitation can be a valid reason to end or reduce alimony, but it’s not automatic. The court looks closely at each case, and you’ll need the right kind of evidence. If you’re in Lexington or the surrounding areas, here’s what you should know.
What Counts as Cohabitation in South Carolina?
Cohabitation isn’t just “sleeping over.” Under South Carolina law, it typically means two people are living together in a romantic relationship for 90 or more consecutive days. The court looks for signs like:
- Sharing bills or rent/mortgage
- Staying overnight consistently
- Joint vacations or social activities
- Posting publicly as a couple
- Financial dependence or mingling assets
Even if your ex hasn’t remarried, this kind of arrangement can trigger a review.
Alimony Doesn’t End Automatically
Many people assume that once their ex moves in with someone else, the checks stop. Unfortunately, alimony doesn’t terminate automatically in South Carolina. You must:
- File a petition to modify or terminate alimony
- Prove cohabitation under the law
- Present reliable, objective evidence (not just speculation or social media posts)
What Kind of Evidence Do You Need?
The court will want clear documentation. This may include:
- Surveillance reports
- Lease agreements or shared bills
- Testimony from neighbors or others with first-hand knowledge
- Photos, videos, or online posts
- Timeline of overnights or shared routines
Cohabitation cases are often won (or lost) based on proof—not just assumptions.
Does It Matter What Type of Alimony You Pay?
Yes. South Carolina recognizes different types of alimony, and not all are modifiable:
- Periodic (ongoing) alimony: Can usually be modified or terminated if cohabitation is proven
- Lump-sum or non-modifiable alimony: Usually cannot be changed, even with cohabitation
If you’re unsure what kind you’re paying, now is the time to check your divorce order.
Steps to Take If You Suspect Cohabitation
If you believe your ex is cohabiting and you’re still paying:
- Gather evidence discreetly — avoid illegal surveillance or harassment
- Contact a family law attorney — don’t file solo if you can avoid it
- File a motion with supporting documentation
- Be prepared for a hearing — these cases often involve testimony and cross-examination
The family court in Lexington won’t make a decision based on suspicion—it takes facts.
Quick FAQ
Q: What if they live together but say they’re just roommates?
A: Courts look beyond labels. The nature of the relationship matters more than what they call it.
Q: Can I stop paying while I wait for the court to decide?
A: No. You must continue payments until the court officially modifies the order.
Q: Will the court make them pay me back?
A: Possibly—but it depends on the judge. Retroactive modifications are not guaranteed.
CTA:
Still paying alimony while your ex has moved on? Call The Farley Law Firm in Lexington to review your options and protect your rights.
Disclaimer:
This information is for general education only and is not legal advice. Schedule an appointment to discuss your case. Past results do not guarantee a similar outcome.
