Rehm v. Rehm

In Rehm v. Rehm, 104 N.C. App. 490, 492, 409 S.E.2d 723, 724 (1991) the Court analyzed cohabitation under a separation agreement that provided for the termination of alimony upon cohabitation by the wife with a third party. In Rehm, the Court upheld the trial court's finding of cohabitation and order terminating the husband's obligation to pay alimony based upon evidence that tended to show: (1) the wife maintained an exclusive relationship with a third party for approximately eleven months; (2) the third party stayed overnight at the wife's residence as many as five times per week; (3) the third party brought clothes to the wife's residence; (4) the wife and third party took trips together; (5) the third party kissed the wife goodbye in the mornings; (6) the wife and third party engaged in monogamous sexual activity. Id. at 492-93, 409 S.E.2d at 724. The trial court also found that the wife and third party maintained separate residences. Id. at 493, 409 S.E.2d at 724. The Court held sufficient evidence in the record supported the trial court's conclusion that the wife had cohabited with a third party. Id. at 494, 409 S.E.2d at 725.