Cohabitation and Alimony Modifications
In many Union County divorces, alimony is a key component of the divorce settlement agreement. Alimony is calculated based on a number of different factors, including the duration of the marriage, the lifestyle the couple enjoyed during the marriage, and both spouse’s income and earning potential. Many times, however, the factors that alimony is initially based on change after the agreement is made.
When a dependent spouse begins a new relationship with another adult, and they begin to co-mingle their finances, they may no longer be as financially dependent as they were at the time the alimony agreement was made. This is what is known as “cohabitation”, and if the supporting spouse can prove that the dependent spouse is indeed cohabiting with another adult, along with their Linden alimony modification attorney the supporting spouse may be able to pursue a reduction in their alimony payments based on this new and changed circumstance.
New Jersey Laws Regarding Cohabitation
The New Jersey Alimony Reform Act considers the following factors as evidence of cohabitation. It is important that not all of the following need to be true in order to pursue a Union County alimony modification. Rather, the more factors you and your Elizabeth alimony reduction attorney can prove, the stronger a case you can present.
- The dependent spouse is sharing living expenses with another adult
- The frequency of contact between the cohabiting adults (cohabitation does not necessarily imply a single residence)
- Whether the relationship is recognized in friend and family circles
- The length of the relationship in question
- Whether the couple shares household chores and expenses
- Whether there is a promise of financial support involved in the relationship
Again, not all of these factors need to be true in order for the relationship to qualify as cohabitation and thus warrant a modification in your Union County alimony payments.
Alimony Modification Process Attorney Summit, NJ
When it comes to alimony and alimony modifications, unlike child support, family law courts have a great deal of leeway when it comes to deciding exact alimony payments. Every situation is different, and every judge may weigh certain factors differently.
For a supporting individual to gain the best possible understanding of how their unique situation, and the possible cohabitation of their ex, can impact future alimony payments and a potential alimony reduction, it is important to speak with an experienced Union County alimony attorney. An attorney who frequently handles alimony cases, specifically in and around the area where you live, will be able to give you a much clearer understanding of the results you can expect from a potential alimony modification petition, and should you wish to proceed, help you through the entire process by drafting documents for the courts, and presenting the necessary evidence to the courts in a manner which clearly outlines your exact situation, and your needs moving forward.
Contact a Union County Alimony Modification Attorney Today
At The Law Office of Edward S. Cooper, we have extensive experience drafting and modifying alimony agreements for clients across Summit, Linden, Elizabeth, Union, and the greater Union County area.
We understand that alimony and spousal support is necessary to support individuals after a divorce, but we also understand that when the time comes that a dependent spouse no longer needs that support (for example in the case of cohabitation), it is unfair to the supporting party to continue making payments.