What is Cohabitation in New Jersey?

In the context family law, cohabitation in New Jersey may not be as clear as it may seem to one.  Cohabitation is defined as a mutually supportive, intimate relationship wherein a couple engages in acts akin to marriage.

Post-divorce, one party may claim that his or her spouse or former spouse in cohabitating with somebody else.  In this case, one may have to prove that the ex is living in a cohabitation situation.

Proof of cohabitation in New Jersey may include:

  • Interwoven finances and expenses
  • Acknowledgment of the relationship by friends and family
  • A joint residence
  • Sharing in chores and other obligations

Additionally, the court may consider the length of the relationship and the frequency of contact to determine cohabitation.

While cohabitation may not be an exact science or formula, it is important for purposes of determining one’s alimony obligation. When the court has established cohabitation, it has the authority to modify, terminate, or suspend alimony payments.  Of course, each case depends on its unique set of facts and circumstances.

Therefore, contact us if you are currently paying alimony and believe that your spouse or ex-spouse is a cohabitation relationship.  We will help you understand your rights.

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