A BILL TO BE ENTITLED
AN ACT amending the laws regulating postseparation support.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 50‑16.1A(4) reads as rewritten:
"As used in this Chapter, unless the context clearly requires otherwise, the following definitions apply:
…
(4)	"Postseparation support" means spousal support to be paid until the earlier of any of the following:
a.	The date specified in the order for postseparation support.
b.	The entry of an order awarding or denying alimony.
c.	The dismissal of the alimony claim.
d.	The entry of a judgment of absolute divorce if no claim of alimony is pending at the time of entry of the judgment of absolute divorce.
Postseparation support may be ordered in an action for divorce, whether absolute or from bed and board, for annulment, or for alimony without divorce. However, if postseparation support is ordered at the time of the entry of a judgment of absolute divorce, a claim must be pending for alimony at the time of the entry of the judgment of divorce.
…."
SECTION 2.  G.S. 50‑16.9(b) reads as rewritten:
"(b)	If a dependent spouse who is receiving postseparation support or alimony from a supporting spouse under a judgment or order of a court of this State remarries or engages in cohabitation, the postseparation support or alimony shall terminate. Postseparation support or alimony shall terminate upon the death of either the supporting or the dependent spouse. Postseparation support shall also terminate upon the earlier of any of the following:
(1)	The date specified in the order for postseparation support.
(2)	The entry of an order awarding or denying alimony.
(3)	The dismissal of the alimony claim.
(4)	The entry of a judgment of absolute divorce if no claim of alimony is pending at the time of entry of the judgment of absolute divorce.
As used in this subsection, cohabitation means the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship. Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations. Nothing in this section shall be construed to make lawful conduct which is made unlawful by other statutes."
SECTION 3.  This act is effective when it becomes law and applies to all postseparation support orders issued on or after that date.