You’re paying monthly support after your divorce—then you find out your ex has moved in with someone new. They’re splitting bills, sharing a home, maybe even acting like a married couple. Naturally, you start to wonder:
Can I stop paying alimony if they’re living with someone else?
Here’s how South Carolina handles cohabitation, and what Lexington-area spouses need to know about modifying or ending support.
Cohabitation Can Terminate Alimony in South Carolina
In South Carolina, if your ex remarries or begins cohabiting with a romantic partner, your obligation to pay alimony may end.
But there’s a catch: you must prove it, and the court decides if it meets the legal standard.
What Counts as “Cohabiting”?
Cohabitation isn’t just about spending time together. South Carolina law defines it as:
“Living together in a romantic relationship for a period of 90 consecutive days or more.”
Key factors the court considers:
- Shared finances (bank accounts, utilities, rent)
- Overnight stays that are routine
- Social evidence (introducing each other as partners)
- Mail addressed to the same residence
It’s not enough to say they’re “always together”—you need clear signs of a shared household.
You’ll Need Proof Before Filing Anything
If you believe your ex is cohabiting, document carefully before going to court. That may include:
- Photos or videos of the couple living together
- Public records (utilities, leases)
- Social media posts showing a shared home
- Witnesses who’ve seen them living as a couple
You can also consider hiring a private investigator if the situation is complex.
What Happens If the Court Agrees?
If a family court judge finds that your ex is cohabiting under South Carolina law, they may:
- Terminate future alimony payments
- Deny any attempt to reinstate alimony later
Importantly, you can’t just stop paying on your own. The court must modify the order first.
Child Support Is a Different Story
Even if alimony ends due to cohabitation, child support is separate and continues until the child reaches age 18 (or beyond in some cases).
Cohabitation doesn’t affect child support unless it changes the financial needs of the child or the parents’ incomes.
Don’t Violate the Court Order—File the Right Way
Never just stop paying support, even if you feel justified. You must:
- File a petition to modify or terminate alimony
- Present your evidence in court
- Wait for the judge’s decision before stopping payments
Failing to do this could put you in contempt of court, with serious consequences.
Quick FAQ
Q: Do I still have to pay if my ex’s new partner supports them financially?
A: If they live together and share finances for 90+ days, yes—alimony may be terminated. But you’ll need proof and a court order.
Q: What if they split up after I stop paying?
A: If the court already terminated alimony, it usually cannot be reinstated unless fraud or hidden facts were involved.
Q: Can I check without them knowing?
A: Yes, but be careful. A private investigator can help, and your attorney can guide you on what’s legal to collect.
Tired of Paying Support That No Longer Feels Fair? Let’s Talk.
If you believe your ex is cohabiting and your support order should end, don’t wait. The longer you pay, the harder it is to recover lost time.
Call The Farley Law Firm in Lexington for a confidential consultation. Let’s review your case and fight for the relief you may be owed.
Disclaimer
This information is for general education only and is not legal advice. Consult a licensed South Carolina attorney about your situation.
Past results do not guarantee a similar outcome.
