Cohabitation

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In today’s society, many couples choose to live together rather than get married. This growing trend has become more common in recent years than ever before. There are a variety of possible reasons why couples choose to live together rather than get married. One factor that is likely considered is the complex legal proceedings that will occur if the couple was to get divorced. Couples that cohabitate would rather make it simple and just be able to move out rather than go through a formal divorce.

However, while cohabitating couples may think they are simplifying their lives, legally, it is important to note that they are given none of the legal protections of married couples. This is especially true in New Jersey, as common law marriages are not recognized, so cohabitating couples are actually doing themselves a disservice by not seeking out the legal protection offered in marriage. Some of the rights that unmarried but cohabitating couples lose out on include the protections provided by divorce laws, the right to make medical decisions for their partner, inheritance laws, survivor’s benefits as well as many others.…

Continue Reading The Importance of Cohabitation Agreements

At the conclusion of many divorce proceedings, alimony is calculated by the court to be paid from the supporting spouse to the dependent spouse. The amount of alimony to be paid is calculated based on a variety of factors, including, among others, the length of the marriage and the martial lifestyle of the couples while married. Once calculated, alimony can typically only be modified by showing a “change in circumstances” that would warrant either the increase or decrease in alimony payments to be made. An occurrence that can be considered a “change in circumstance” is when the alimony recipient then cohabitates with another following the divorce while still receiving alimony payments.

Cohabitation situations can be frustrating to the alimony obligor (the spouse making the payments) because the alimony recipient cohabitating with another can mean two things: (1) the recipient may be using the payments to support their new partner, or (2) the recipient may be receiving financial support from their new partner in addition to the alimony received from their former spouse, essentially receiving monies from two different sources and concealing changes in their finances.

How does the law define cohabitation?…

Continue Reading How Cohabitation Affects Alimony Payments

As John S. Eory, Esquire previously blogged, Governor Chris Christie signed into law changes to our alimony statute on September 10, 2014.

Prior to the new alimony statute, the law of the State of New Jersey surrounding the issue of an alimony recipient’s cohabitation was defined by our Courts.  Under the previous case law, if a recipient of alimony was cohabitating with a paramour, the payor of alimony could file an application with the Court to modify or terminate their alimony obligation.  Modification or termination of alimony depended on a two prong burden-shifting test, the first of which required a finding of “cohabitation” of the dependent spouse by the Court.  Such a finding gave rise to the rebuttable presumption that the financial needs of the dependent spouse have been reduced.  The burden of proof shifted to the dependent spouse to show that his or her economic circumstances were not improved as a result of the cohabitation.  This second prong consisted of a fact-specific evaluation of the reduced financial need of the dependent spouse based upon the economic effect of his or her cohabitation.
Continue Reading Recent Changes to the Alimony Statute and Cohabitation