Living With Someone Doesn’t Always End Alimony
It’s a common belief that once you move in with a new romantic partner, alimony automatically stops.
In South Carolina, the rule is more nuanced.
Alimony may end if the court finds you’re “cohabiting” — but simply sharing a home isn’t always enough.
What Counts as “Cohabitation” in South Carolina?
Under South Carolina law, cohabitation means:
- Living with a romantic partner
- In a supportive, continuing relationship
- For 90 consecutive days,
- Or showing frequent overnight stays that suggest a shared household
Judges in Lexington County look at behavior, not just mailing addresses.
This means alimony can end even if you don’t officially move in, but spend most nights together. And it can remain even if you share a home for financial reasons, with no romantic relationship.
What Lexington Courts Look For
To decide whether alimony should end, the judge may consider:
- How often the couple stays overnight
- Whether they share bills or bank accounts
- Whether they present themselves as a couple
- Whether the relationship provides financial support
- Whether the living arrangement resembles a marriage
The burden is on the paying spouse to prove cohabitation.
What If You Just Have a Roommate?
A roommate situation generally does not count as cohabitation.
You may share rent, utilities, or household chores, but if there’s no romantic or supportive partnership, alimony is unlikely to change.
Judges look closely at the nature of the relationship — and whether it resembles a marriage-like arrangement.
Can Alimony Be Reduced Instead of Ended?
Yes. Even if cohabitation doesn’t meet the full legal definition, the paying spouse can sometimes ask the court to modify alimony if:
- The new relationship significantly lowers your living expenses
- Your financial needs have changed
- Your income has increased
This applies only to modifiable alimony types, which your attorney can clarify.
What If Your Ex Moves In With Someone?
If you’re paying alimony and believe your ex is cohabiting, you can:
- Document the pattern (overnight stays, social media, bills)
- Speak with an attorney
- File a motion to terminate or modify alimony
Judges in Lexington will hold a hearing to evaluate evidence before making any changes.
Quick FAQs
Does alimony automatically end the day I move in with someone?
No. A judge must find that you meet the legal definition of cohabitation.
Can alimony end even if we don’t live together full-time?
Yes. Frequent overnight stays may qualify if they show a supportive relationship.
Can my ex claim I’m cohabiting if I just have a roommate?
Not successfully — unless there’s evidence of a romantic partnership.
If you’re considering moving in with someone, or think your ex’s new relationship may affect alimony, call The Farley Law Firm today to schedule a confidential consultation. We help Lexington families understand their rights clearly.
Disclaimer
This information is for general education only and not legal advice. Schedule a consultation to discuss tour case.
