New Jersey Family Law

ALIMONY TERMINATION OR REDUCTION : COHABITATION

 
How do you prove cohabitation in order to terminate or reduce alimony? Sometimes, a private investigator is necessary.     Gallagher v. Gallagher, New Jersey App. Div., November 16, 2010

JERSEY CITY HOBOKEN SECAUCUS WEST NEW YORK HUDSON COUNTY NJ DIVORCE MEDIATIOR LAWYER

 
After the New Jersey divorce, the father stopped paying support to the mother. So she started living with her boyfriend, who took on financial responsibility for her and her children. The ex-husband then moved to terminate alimony due to her alleged cohabitation. But the motion was denied : "plaintiff should not benefit from his failure to meet his obligations."      Grace v. Grace, New Jersey App. Div., October 18, 2010

NJ DIVORCE MEDIATION LAWYER MORRISTOWN MADISON FLORHAM PARK CHATHAM COHABITATION

"Plaintiff and defendant met in 1999, when they became line-dancing partners. Shortly thereafter, they fell in love and began 'a very romantic, intimate relationship[.]' The parties decided to live together."      Trohalides v. Machat, New Jersey App. Div., August 31, 2010

BERGEN COUNTY NJ DIVORCE MEDIATION

The wife was denied permanent alimony due to her cohabitation with her boyfriend. The New Jersey divorce judge noted signals being given by her to the boyfriend during his testimony and found he had been coached by her.    Brody v. Brody, New Jersey App. Div., August 13, 2010

ENGLEWOOD CLIFFS FORT LEE DEMAREST WYCKOFF BERGEN COUNTY NEW JERSEY DIVORCE COHABITATION MEDIATION

In support of his motion to terminate alimony, the ex-husband presented what he considered to be "overwhelming evidedence" of the ex-wife's cohabitation with another man. Nevertheless, the New Jersey divorce judge denied the application and is now affirmed on appeal.    Croucher v. Mastroeni, New Jersey App. Div., July 16, 2010

HOBOKEN JERSEY CITY SECAUCUS WEEHAWKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

The ex-wife cohabited with an unrelated adult male, in violation of the applicable provision in the parties' New Jersey divorce agreement. As a result, alimony was terminated, with particular reliance placed on the adverse inference drawn from her failure to participate in the proceedings.   Kerridge v. Kerridge, New Jersey App. Div., May 10, 2010

MENDHAM MORRIS COUNTY NEW JERSEY DIVORCE MEDIATION COHABITATION ALIMONY TERMINATION

New Jersey alimony is subject to termination or reduction, if the payee "cohabits.". This means living with another person and accompanying financial support between the cohabitants. Here, the application to terminate alimony was erroneously denied. Although the fact of cohabitation was uncontested, the New Jersey divorce judge incorrectly assessed the financial contributions being exchanged. On appeal, the decision is reversed and alimony is terminated.    Blue v. Blue, New Jersey App. Div., February 4, 2010

HOBOKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION ATTORNEY

The ex-wife did in fact cohabit with an unrelated male. Moreover, she failed to prove she had not received a substantial economic benefit from the cohabitation. Thus, the termination of the ex-husband's alimony is affirmed on appeal.   Hartelust v. Hartelust, New Jersey App. Div., January 12, 2010

RIDGEWOOD DIVORCE LAWYER MEDIATION ALIMONY BERGEN COUNTY NEW JERSEY COHABITATION

The ex-husband moved for the termination of alimony based on the ex-wife's cohabitation with an unrelated male. Furthermore, the ex-wife was pregnant by that male. Nevertheless, the New Jersey divorce judge rejected the motion to terminate alimony. This was prejudicial error and is reversed on appeal. On remand, there is to be a downward modification of alimony.    Duarte v. Duarte, New Jersey App. Div., July 10, 2009

MORRISTOWN DIVORCE LAWYER MEDIATOR MORRIS COUNTY NEW JERSEY

  Their New Jersey divorce agreement provided that alimony would terminate if she cohabited. After their New Jersey divorce, the ex-husband claimed that the ex-wife was not only cohabiting, but she was doing it with her divorce attorney. She denied it. On July 18, the New Jersey divorce judge believed her and denied the ex-husband's motion to terminate his alimony payments. But 6 days later, on July 24, the ex-wife announced she was moving into her friend's house and thereby conceded that her alimony payments were to end.   Mayer v. Mayer, New Jersey App. Div., June 18, 2009