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Defining Cohabitation

Defining cohabitation is not easy. How much "living together" is enough to trigger the suspension or termination of alimony payments under New Jersey divorce law? That was the issue in this case, where the trial judge was reversed for not properly applying controlling legal principles when he ruled that [because the settlement agreement did not define cohabitation] "it lets me pick what I think it represents, and staying there less than half the time isn't cohabitation with me." This was an overly restrictive approach that placed undue emphasis on a common residence and failed to address other important factors in Konzelman v. Konzelman. Izenberg v. Izenberg, A-1804-03T2, New Jersey App. Div., January 31, 2005.

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