Alimony is a critical part of divorce proceedings. Alimony helps bridge the financial gap between ex-spouses. It is designed to support an ex-spouse financially until they become self-supporting. However, in New Jersey, after the court orders alimony and a significant change in circumstances occurs, the order can be modified. One of the situations that can lead to an alimony order being modified in New Jersey is if the party receiving alimony cohabitates with another person. However, just because an ex-spouse is involved with another person does not necessarily mean the relationship qualifies as cohabitation. Below, we discuss the meaning of cohabitation under New Jersey law, the factors courts consider when determining whether two individuals are cohabiting, and how cohabitation can affect alimony.
What is Cohabitation Under New Jersey Law?
According to N.J.S.A. 2A:34-23(n), cohabitation arises when two people enter into an equally supportive, close personal relationship in which they assume duties and privileges normally associated with marriage or civil union.
What Factors Do Courts Consider When Determining if Two Individuals are Cohabiting?
As mentioned above, just because an ex-spouse is involved with another person does not automatically mean the relationship qualifies as cohabitation. The following are some of the factors the courts consider when determining whether a recipient spouse is in a cohabiting relationship;
- Whether the recipient spouse and their partner share responsibility for living expenses
- The existence of intertwined finances, such as joint bank accounts
- Whether the recipient spouse and their partner live together
- Whether the couple’s family and social circle recognize the relationship
- The frequency of contact between the couple
- Whether the couple shares household chores
According to New Jersey law, the recipient spouse and their partner do not have to maintain a single common household for it to be considered cohabitation.
The Effect of Cohabitation on Alimony
If a recipient spouse enters into a cohabiting relationship, it can significantly impact alimony arrangements. The paying spouse can petition the court to reduce or terminate alimony. If the court finds that the recipient spouse is in a cohabiting relationship, alimony can be reduced or terminated.
It is crucial to note that the burden of proof lies with the paying spouse who intends to have alimony payments reduced or terminated. The paying spouse must show that the relationship between their ex-spouse and their new partner qualifies as cohabitation as defined under New Jersey law. Proving this can be challenging. For this reason, it is vital to consult with a qualified family law attorney. An attorney can help you determine if the relationship between your ex-spouse and their new partner qualifies as cohabitation. They can help you gather the evidence you need to prove your claims. A skilled lawyer can help you present a compelling case.
Evidence That Can Help Prove Cohabitation
The following are some of the evidence that can help prove cohabitation;
- Social media photos and posts showing the couple reside together and are frequently in contact
- Credit card and checking account statements showing joint accounts
- Statements from friends, family, and neighbors about the couple’s relationship
- Records showing property that is jointly titled in the couple’s names
Contact a New Jersey Family Lawyer
If you need help with an alimony case, contact our qualified New Jersey family lawyer at The Trabosh Law Firm.