Does Ex-Spouse Cohabitation With New Paramour End Alimony?
- November 3, 2013
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In the state of New Jersey, may people believe that if they have been divorced in the state and now have an alimony obligation, that obligation will cease if their ex-spouse begins to cohabitate with a new significant other. Some may find it very surprising that this is not necessarily the case. A person may have to prove much more than the fact that their ex-spouse is living with a new significant other to terminate an alimony obligation. Under the laws of New Jersey, a party who wishes to terminate his or her alimony obligation must prove that their ex-spouse is first engaged in an intimate and enduring relationship with a new person. This party must also prove that the ex-spouse and his or her new paramour have engaged in duties and privileges that are commonly associated with marriage, which includes – living together, commingling of finances, sharing living expenses, and the recognition of the relationship among the new couple’s family and friends. Beyond this, a person must show that his or her ex-spouse has economically benefited from the cohabitation with the new significant other. Even if a party is able to prove all of the aforementioned elements, the court may only reduce the alimony obligation instead of terminating it altogether. In order to be in the best position to receive some relief from the court, a party should be prepared to demonstrate that the ex-spouse’s significant other either supports them or lives with them without contributing support. In order to prove this, a party will have to present to the court a comprehensive overview of the financial arrangements of all of the other parties involved, which could prove to be a difficult and expensive endeavor. If you are facing a spouse’s efforts at alimony reduction or seeking to reduce or modify alimony you should obtain an experienced family law attorney to advise you of the likelihood of success in your matter and guide you through the process. For more information about alimony or spousal support in New Jersey it is advised that you consult with an attorney with experience in this area of the law. For more information on alimony/spousal support, contested divorce, high net-worth divorce or other Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.