§ 50-16.9. Modification of order. - North Carolina Statutes

§50‑16.9.  Modification of order.

(a)        An order of a courtof this State for alimony or postseparation support, whether contested orentered by consent, may be modified or vacated at any time, upon motion in thecause and a showing of changed circumstances by either party or anyoneinterested. This section shall not apply to orders entered by consent beforeOctober 1, 1967.

Any motion to modify orterminate alimony or postseparation support based on a resumption of maritalrelations between parties who remain married to each other shall be determinedpursuant to G.S. 52‑10.2.

(b)        If a dependentspouse who is receiving postseparation support or alimony from a supportingspouse under a judgment or order of a court of this State remarries or engagesin cohabitation, the postseparation support or alimony shall terminate.Postseparation support or alimony shall terminate upon the death of either thesupporting or the dependent spouse.

As used in this subsection,cohabitation means the act of two adults dwelling together continuously andhabitually in a private heterosexual relationship, even if this relationship isnot solemnized by marriage, or a private homosexual relationship. Cohabitationis evidenced by the voluntary mutual assumption of those marital rights, duties,and obligations which are usually manifested by married people, and whichinclude, but are not necessarily dependent on, sexual relations. Nothing inthis section shall be construed to make lawful conduct which is made unlawfulby other statutes.

(c)        When an order foralimony has been entered by a court of another jurisdiction, a court of thisState may, upon gaining jurisdiction over the person of both parties in a civilaction instituted for that purpose, and upon a showing of changed circumstances,enter a new order for alimony which modifies or supersedes such order foralimony to the extent that it could have been so modified in the jurisdictionwhere granted. (1871‑2, c. 193, ss. 38, 39; 1883, c. 67; Code,ss. 1291, 1292; Rev., ss. 1566, 1567; 1919, c. 24; C.S., ss. 1666, 1667; 1921,c. 123; 1923, c. 52; 1951, c. 893, s. 3; 1953, c. 925; 1955, cc. 814, 1189;1961, c. 80; 1967, c. 1152, s. 2; 1987, c. 664, s. 3; 1995, c. 319, s. 7.)