In a Decision – Garcia-Travieso v. Garcia-Travieso, (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Trial Court and determined that no Cohabitation occurred notwithstanding a claim of active involvement of the new third party in the life of the ex-spouse.
Defendant certified that plaintiff's new partner was actively involved in plaintiff's family and life events, was a significant part of the children's lives, that he and plaintiff vacationed together on several occasions, that he assisted plaintiff with household chores, that he was present at plaintiff's home on a regular basis, that he loaned plaintiff approximately $50,000 to complete the construction of her home, and that he and plaintiff's relationship had become increasingly committed, exclusive, and marriage like. Defendant provided details regarding plaintiff's partner's involvement in his daughter's fifteenth birthday celebration to show the two could not be living in separate households. Defendant also supported his application with a report from a private investigator. Plaintiff argued her new partner resided in Connecticut, she repaid him the money she borrowed from him, and that they covered their own expenses. Plaintiff's new partner also submitted a certification showing receipts and his Connecticut lease and related bills.
At best, defendant's proofs showed that plaintiff and the new partner spent weekends and some weekdays together, occasionally vacationed together, and participated in various social and family functions together as a couple. Defendant failed to demonstrate any commingled finances, joint responsibility for living expenses, sharing of household chores, or an enforceable promise of support from the new partner to plaintiff.
The changed circumstances standard continues to apply to a motion to suspend or terminate alimony based on cohabitation following the 2014 amendments to the alimony statute.