The New Jersey Alimony Reform Act of 2014 was supposed to have clarified certain matters that existed under the State’s previous alimony laws, including how courts define cohabitation, one of the conditions under which alimony can be terminated. One New Jersey man is now testing whether or not this has been accomplished.
A Mendham, NJ man is asking the court to terminate his alimony obligations to his ex-wife claiming she is cohabitating with a new partner. The ex-wife, on the other hand, insists she and her boyfriend maintain separate homes and therefore are not cohabitating. Proving cohabitation under the old law required evidence showing an ex-spouse was sharing the same residence with a new partner. Under the Reform Act, however, a couple does not have to live together full-time in order to be considered cohabitating. Rather, a judge must consider eight conditions to determine cohabitation, including whether or not the couple share finances and responsibilities for household chores.
Will this change make it easier to prove cohabitation or just deter divorced people from dating for fear of losing support payments? To read more on this matter see, “When can ex-husband cut off alimony to former wife who has boyfriend?”