Not So Fast
She was in fact cohabiting when the parties signed their New Jersey divorce agreement. However, the ex-husband did not learn of her cohabitation until two years later. The cohabitation and its concealment constituted bad faith and justified a retroactive termination of alimony, requiring her to reimburse to him the alimony he had paid her. Moreover, she was not entitled to any offset for the tax credits he received for paying the alimony. Duchemin, etc. v. Duchemin, New Jersey App. Div., July 8, 2005