Can I still live with my ex after we are separated or divorced like Ben Affleck and Jennifer Garner?

As you may have heard, Ben Affleck and Jennifer Garner have ended their marriage pretty amicably. It is reported that they still wear their wedding rings and live together despite being recently divorced. Some couples may choose to do the same for financial reasons or for the sake of the children. 

In North Carolina, if you are considering living with your ex while separated consider the following: 

1. Remember that you must live "separate and apart" for one year before getting divorced
2. When the parties "reconcile" and move back in together, the clock for the one-year separation requirement before getting divorced starts over
3. Post-separation support also ends if the party receiving it "resumes marital relations" with their spouse

If you are considering living with your ex after divorced consider:

1. In NC, alimony ends if the receiving party engages in "cohabitation" 
2. Arguably, your moving back in with your ex-wife/ex-husband is cohabitation which may terminate alimony payments

***If you have questions about moving back in with your spouse or ex, please contact our office for more information on the potential claims or loss of claims against you or your spouse. Keep in mind that there are negative implications to moving in or out of the marital home at certain phases of the marriage so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.