Cohabitation and Alimony Termination in NJ
- March 30, 2012
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In Clayton v. Clayton, the New Jersey Court recently held that in considering an application to reduce or terminate spousal support the Judge must make specific findings 1) that cohabitation exists and 2) that the financial support received from the cohabitant constitutes a change in circumstances sufficient to justify a downward modification or termination of alimony.
Further, the Judge must make specific findings to determine whether 1) the cohabitant’s financial contribution to the household covers only his or her own monthly expenses, 2) whether the contribution also contributes to the supported former spouse’s income or 3) whether the support paid by the obligor is being used to support both the former spouse and his or her cohabitant.
This is far from the understanding of most obligor spouses entering into Property Settlement Agreements which provide for the termination of alimony upon remarriage or cohabitation in a relationship akin to marriage. Whether you are entering into a Property Settlement Agreement or returning to court for a post-judgment modification or termination of support you should have an experienced family attorney at your side to ensure you have a full understanding of your legal matter. Payment of alimony to or from a former spouse is typically a contentious and sensitive matter having a very significant impact on the financial situation of both parties. A matrimonial lawyer will make sure your rights are protected. For more information on alimony, spousal support, divorce, child support, civil unions, child custody or other family law matters visit HeatherDarlingLawyer.com.