If you’re paying alimony under your divorce agreement, but your ex is in a serious relationship, you might be entitled to relief under the New Jersey alimony law, updated in 2014.

The 2014 New Jersey alimony law redefined the meaning of “cohabitation” and no longer required couples to be residing together under the same roof.

In other words, your ex and significant other need not be living together on a full-time basis to warrant a reduction or termination of alimony back to the time such “cohabitation” began.

To determine if “cohabitation” actually exists under New Jersey law, courts generally consider certain factors including:

• Sharing of responsibility for living expenses and household chores;
• Recognition of the relationship in the couple’s social and family circle;
• Whether the couple is essentially living together even if in separate residences, including how often they are together and duration of the relationship, for instance; and
• Whether finances are intertwined, such as joint bank accounts and debts.

What is the process to reduce or eliminate alimony?

Generally, before you approach a court, you need to have gathered the right evidence to show factors including the above to indicate that your ex is cohabitating.

While proving cohabitation by your ex can be daunting, if done successfully can save much money if alimony were to be terminated back to the time of cohabitation.

Each situation is unique.  To learn more about modifying or terminating alimony, feel free to get in touch.