If you believe that you are making alimony payments to a former spouse that is cohabitating with another adult, you may be entitled to alimony modification. Reach out to Townsend, Tomaio & Newmark today to speak with an experienced New Jersey divorce attorney about cohabitation.
What is cohabitation in New Jersey?
According to the 2014 New Jersey Alimony Reform Act, an individual that is making alimony payments may be able to petition for alimony modification if his or her former spouse is cohabitating with another adult. New Jersey family courts will consider a variety of different factors to determine whether or not the relationship constitutes cohabitation:
- How frequently are they in contact with one another?
- Is the relationship seen by their friends or family members?
- Are the dependent spouse and their partners sharing living expenses?
- How long has their relationship been in place?
- Does the couple share household expenses or household chores?
- Is there a commitment of financial support between the couple?
It is important to note that not all of the above-mentioned factors must be met in order for the court to deem cohabitation. Also, cohabitation can still occur if the couple is not living together. If you would like to learn more about this, it is in your best interest to reach out to one of our skilled New Jersey divorce attorneys today.
How do I modify an alimony agreement based on cohabitation?
For a supporting former spouse to alter their alimony agreement based on the cohabitation of the former spouse with an adult, they will need to file a motion with the courts requesting an alimony modification hearing. As previously stated, for the modification process to progress, the most important element in doing so is proving that cohabitation is actually occurring in the first place.
If the court finds that this is the case, it will consider the same factors that they do when determining any alimony agreement or alimony modification request. Nevertheless, it is important to note that there are a bunch of different types of alimony that can be awarded during a divorce, and reimbursement alimony specifically cannot be modified under any circumstances.
Do not wait to reach out to our skilled New Jersey divorce attorneys today to learn more about the court process for alimony modification.
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