The Law Office of Matthew B. Lun, Esq. represents clients across New Jersey seeking to suspend or terminate alimony based on cohabitation, as well as recipients defending against cohabitation claims.
Cohabitation and Alimony in New Jersey
Under New Jersey law, alimony terminates when the recipient remarries or enters a new civil union. N.J.S.A. 2A:34-25. Cohabitation is different: it does not automatically end alimony, but it may provide a basis for a court to suspend or terminate alimony.
Since the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n) provides that alimony may be suspended or terminated if the recipient cohabits with another person. The statute defines cohabitation as “a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household.”
Factors the Court Considers
When assessing whether cohabitation is occurring, the court considers factors including:
- intertwined finances, such as joint bank accounts and other joint holdings or liabilities;
- sharing or joint responsibility for living expenses;
- recognition of the relationship in the couple’s social and family circle;
- living together, the frequency of contact, the duration of the relationship, and other indications of a mutually supportive, intimate personal relationship;
- sharing household chores;
- whether the recipient has received an enforceable promise of support from another person; and
- all other relevant evidence.
Notably, the statute provides that a court may not find an absence of cohabitation solely because the couple does not live together on a full-time basis.
Agreements Entered Before the 2014 Amendments
Where the parties’ settlement agreement was executed before the 2014 amendments, the New Jersey Supreme Court has held that the definition of cohabitation and the factors identified in Konzelman v. Konzelman, 158 N.J. 185 (1999), govern rather than N.J.S.A. 2A:34-23(n). Cardali v. Cardali (N.J. 2023). The Konzelman factors are similar to those in the statute, but the date of your agreement can affect the analysis.
Proving Cohabitation
Cohabitation can be difficult to prove because much of the relevant evidence — particularly financial information — is in the hands of the recipient and his or her partner. In Cardali, the Supreme Court clarified that a party seeking relief need not present evidence on every cohabitation factor to make a prima facie showing. If the evidence presented, if unrebutted, would support a finding of cohabitation, the party may be entitled to discovery and, where facts are disputed, a plenary hearing.
Many Marital Settlement Agreements also contain specific cohabitation provisions, and the New Jersey Supreme Court has held that agreements to terminate alimony upon the recipient’s cohabitation are enforceable. Quinn v. Quinn, 225 N.J. 34 (2016). The language of your agreement may therefore be critical.
Qualified Legal Representation
Cohabitation cases are highly fact-specific and often depend on careful investigation and presentation of evidence. Whether you believe your former spouse is cohabiting or you are responding to a cohabitation claim, the Law Office of Matthew B. Lun, Esq. can help you understand your options. Contact us at 609-964-0900 for a consultation.