Cohabitation and Alimony Modifications

Cohabitation and Alimony Modifications

Cohabitation Alimony Modification Attorneys Bergen County, NJ

Modifying Spousal Support Based On Cohabitation

When an individual who is receiving alimony payments remarries, the law assumes that their new spouse will cover their financial expenses, and allows for the supporting party to file for, and modify, their alimony agreement based upon this change in circumstances.

But what happens when that same dependent party does not remarry, but still is involved in a committed and financially intermingled relationship? This is where the term “cohabitation” comes into play, and just like remarriage, cohabitation can also often result in an alimony modification. However, it is much harder to prove a cohabitating relationship than a remarriage for obvious reasons, and this is where having an experienced alimony attorney on your side can be of enormous benefit.

At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to draft, modify, and enforce alimony and spousal support agreements of all kinds in towns across New Jersey and Bergen County, including Ridgewood, Paramus, Hackensack, Teaneck, and Fort Lee.

Call our office to discuss your unique situation, needs, and concerns when it comes to your alimony agreement and a potential alimony modification based on cohabitation in a free and confidential consultation with our attorney team today.

What is Cohabitation?

According to the amendments made to NJ alimony laws (N.J.S.2A:34-23) in the 2014 New Jersey Alimony Reform Act, an individual making alimony payments may petition for an alimony modification if and when the supported spouse is “cohabitating” with another adult. The question then becomes, when is a relationship between adults just a dating relationship, and when might it be considered cohabitation?

When determining whether or not a relationship constitutes cohabitation, family courts will consider the following factors:

  • Are the dependent spouse and their partners sharing living expenses?
  • How often are they in contact with one another
  • Is the relationship recognized by their friends or family members?
  • How long has their relationship been in place?
  • Does the couple share household expenses or household chores?
  • Is there a promise of financial support between the couple?

Importantly, a couple does not have to satisfy all the above points for the courts to believe that cohabitation is taking place, nor does the couple necessarily need to be living together. However, when demonstrating these factors to the court, it is highly recommended that you retain the counsel of our alimony modification lawyers in order to obtain the evidence necessary for proving or disproving cohabitation and to present this evidence to the courts in a compelling, accurate, and effective manner.

Modifying a Spousal Support Agreement Based On Cohabitation

In order for the supporting party to modify their spousal support 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 mentioned, in order for the modification process to move forward, they will first need to demonstrate that cohabitation is indeed taking place.

If successful, the courts will consider the same factors that they do when deciding any alimony agreement or alimony modification request. However, it is important to note that there are several different types of alimony that can be awarded during a divorce, and reimbursement alimony specifically cannot be modified under any circumstances.

Contact Our Hackensack Cohabitation and Spousal Support Modification Lawyers Today

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients with all manner of alimony modification issues. Whether you are seeking to modify your spousal support agreement based upon the cohabitation of your former partner with an adult, or are facing an alimony modification request by your former spouse, our firm is prepared to provide you with the knowledgeable, effective, and attentive legal counsel that you need and deserve in matters so critical to your financial security and financial future. To speak with our legal team today in a free and confidential consultation regarding your alimony agreement, or any kind of alimony modification issue you may have, contact our firm.

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