Cohabitation

Allan Weinberg - Attorney at Law -  
 100 Craig Road,  Suite 102  Manalapan, NJ 07726

                                                                          

     - What's New in New Jersey Divorces

          Previously >> For years, New Jersey was a State, that absent an agreement to the contrary, generally allowed the alimony receiving spouse to continue to receive alimony from the paying ex-spouse even with cohabitation unless there was proof of an issue of economic interrelationship of  the alimony receiving spouse and the new partner AND the alimony paying spouse first had to prove the actual Cohabitation!     

          Now >>  There is a new statute in New Jersey. The new statute generally provides for the termination of alimony where there is a romantic relationship akin to remarriage even if no remarriage (while preserving the receipt of alimony where there is not cohabitation akin to remarriage) and there exists factors, among others, related to economic interrelationships.

    So, the new statute provides for a balancing of interests, a clear/clearer path to an application to the Court and allows for a definition of Cohabitation.

          The advice of an experienced attorney can assist you. I welcome and invite your trust in me to positively assist you.

n. Alimony may be suspended or terminated if the payee cohabits with another person. Cohabitation involves a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household.

When assessing whether cohabitation is occurring, the court shall consider the following:

(1) Intertwined finances such as joint bank accounts and other joint holdings or liabilities;

(2) Sharing or joint responsibility for living expenses;

(3) Recognition of the relationship in the couple’s social and family circle;

(4) Living together, the frequency of contact, the duration of the relationship, and other indicia of a mutually supportive intimate personal relationship;

(5) Sharing household chores;

(6) Whether the recipient of alimony has received an enforceable promise of support from another person within the meaning of subsection h. of R.S.25:1-5; and

(7) All other relevant evidence.

In evaluating whether cohabitation is occurring and whether alimony should be suspended or terminated, the court shall also consider the length of the relationship. A court may not find an absence of cohabitation solely on grounds that the couple does not live together on a full-time basis

******************************************************

The information contained in this communication is similar to ordinary telephone conversations and does not reflect the level of factual or legal inquiry which would be applied in the event a formal opinion was rendered by this firm. The information may also be confidential and privileged. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. Nothing in this communication is intended to constitute a waiver of any privilege of the confidentiality of this message. If you have received this communication in error, please notify the sender immediately by return e-mail or telephone and delete the original message and any copy of it from your computer system. This firm accepts no responsibility for any loss or damage from the use or receipt of this message and/or any attachments hereto, including any damage caused by virus.

9/16/14