In New Jersey, adults are increasingly entering into relationships that reflect marriage without the legal act of getting married. Known as “cohabitation,” these relationships can have considerable impacts on existing domestic support obligations. As such, if there is a change in circumstances, a spouse may seek the modification of this order. Determining when a relationship meets the cohabitation threshold is critical, as this depends on a number of statutory factors and economic contributions of the parties involved.
What Is “Cohabitation” Under New Jersey Law?
It’s important to understand that New Jersey law does not require remarriage to occur for alimony to be reduced or terminated. Under the 2014 New Jersey Alimony Reform Act, the courts may modify or terminate alimony orders if the supportive spouse is in a relationship that constitutes cohabitation. However, the court must also evaluate the economic reality of the relationship, not just whether or not two people are living at the same address.
Under N.J.S.A 2A:34-23(n), cohabitation is defined as a mutually supportive and intimate relationship in which a couple has shared duties commonly associated with marriage, even if they do not live together.
Legal Factors Courts Consider When Determining Cohabitation
- If the parties are sharing living expenses
- How frequently the couple is in contact with one another
- If their relationship is recognized by friends, family, and acquaintances
- How long the relationship has existed
- If the couple helps each other with household chores and expenses
- If there exists some promise of financial support between the couples
- The degree to which their finances are commingled, i.e., shared bank accounts and shared finances/expenses
Of course, not every one of these factors needs to be proven to the court, or even true, in order for the court to find that a relationship constitutes a “marital-style”, cohabitative relationship. Furthermore, courts are given the discretion to weigh these factors and their answers differently on a case-by-case basis.
Can Alimony Be Modified Based on Cohabitation in New Jersey?
If you are paying alimony and believe your former spouse is in a relationship and living with someone that constitutes cohabitation, you may petition the court to terminate or modify your alimony order. This is because New Jersey court orders regarding alimony, like other domestic support orders, can only be modified if a substantial change in circumstances occurs. A substantial change in circumstances generally requires a material change in circumstances that impacts the financial framework of the original court order. As such, casual relationships do not warrant a substantial change in circumstances.
Steps to Modify an Alimony Order in New Jersey
When seeking the modification of a current alimony order, the first step is to file a petition with the Superior Court of New Jersey, Family Part, in the county that issued the original order
- Submit supporting evidence
- Show economic independence
- Request discovery if sufficient initial evidence exists
- Attend any modification hearings scheduled by the court
It is critical to understand, however, that reimbursement alimony is generally not eligible for modification, even if cohabitation exists.
Does Cohabitation Require Living Together?
In New Jersey, the courts have set a precedent that cohabitation can exist even if a couple does not live together full-time in a shared residence. Instead, the most important clarification is whether or not the relationship reduced the recipient spouse’s need for financial support from their ex-spouse.
Evidence That Can Support a Cohabitation Claim
- Social media posts showing shared residences or long-term relationships
- Joint bank accounts
- Testimony from neighbors
- Utilities in the names of both parties
- Shared lease agreements or insurance policies
- Surveillance evidence, if legally obtained
Does Cohabitation Impact Child Support in Morris County?
Though cohabitation primarily affects alimony payments, it can result in indirect impacts on child support under the following circumstances:
- The supported parents’ household income drastically increases
- The new partner helps pay shared expenses
- The child’s financial needs drastically change
When Child Support Modification May Be Necessary
- There is a significant reduction in the custodial parent’s expenses
- The recipient parents’ household income increases as a result of their partner’s contributions
- There are changes in the custody and parenting time arrangements
Cohabitation Agreements for Unmarried Couples in New Jersey
Couples who have not yet taken the step to get married may wish to define their financial rights and responsibilities through a cohabitation agreement. This can address concerns regarding property ownership, asset division in the event of a divorce or breakup, and support obligations.
Why Cohabitation Agreements Matter
- Protect premarital assets
- Avoid costly litigation in the future
- Clear understanding of financial obligations
- Clarity in the event the relationship ends
- Create enforceable financial agreements
Contact Our Morristown Post-Divorce Modification and Cohabitation Attorneys Today
At The Law Office of Townsend, Tomaio, Newmark & Clancy, our attorneys have extensive experience helping clients to successfully resolve all manner of post-divorce modification and enforcement issues, and issues related to cohabitation including the drafting, signing, validation, and contesting of cohabitation agreements in towns across New Jersey and Morris County, including Chester, Chatham, Parsippany, Mendham, Harding, Morris Township, and Morristown. To speak with our divorce and family law firm today in a free and confidential consultation regarding your unique needs and concerns when it comes to any kind of family law matter, including any and all matters related to cohabitation, please contact us today.
