How Does Cohabitation Impact Spousal Support Payments in NJ?

One of the most contentious aspects of divorce for many couples is alimony. The recipient spouse may feel as though payments are too low, while the paying spouse may feel they are paying more than the other party deserves. Regardless, the primary function of this is to support one spouse while they become self-sufficient after a divorce. However, when you discover that your ex-spouse is living with a new partner, you may wonder if this cohabitation warrants the end of your alimony payments. The following blog explores what you should know about these matters, including the importance of working with experienced New Jersey post-judgment modification & enforcement attorneys to help you.

What Factors Influence Alimony Payments in New Jersey?

In New Jersey, alimony is determined by a number of factors. It is a common misconception that the lower-earning spouse will automatically receive support, which is far from the truth. In reality, each party’s income, in conjunction with the following factors, will determine whether or not they receive alimony, and if so, how much alimony payments are:

• The age and health of each party
• If one spouse sacrificed their career to support the other or care for their family
• The earning capacity of both spouses
• If the recipient spouse requires education or training to obtain employment
• Who the primary caretaker of the couple’s children are
• The tax implications for each party
• Any other factors the court deems relevant

Will Spousal Support Be Terminated if Cohabitation Occurs?

If you learn that an ex-spouse whom you pay alimony to is living with a new partner, you may wonder what impact this will have on your alimony payments. In general, cohabitation can be grounds for the termination of spousal support payments. However, unless you have a court order that enforces the termination of payments, you must continue to pay, or you can face legal consequences.

You should note that while cohabitation often is grounds for the modification or termination of your spousal support obligations, it is not automatic. The court will examine a number of factors about your ex-spouse’s new living situation to determine if a change is warranted. Typically, they will first examine the relationship between the parties. It is not uncommon for adults to have roommates, and if your spouse is living with someone with whom they are not in a romantic, intimate relationship, it may not warrant the end of support.

However, if your spouse is living with a new romantic partner and they share expenses, such as sharing living expenses or opening a joint bank account, it can constitute cohabitation. As such, the court may order the termination of your support payments, as they now have a new partner they can share expenses with.

If you wish to seek a modification of alimony payments in New Jersey, it’s in your best interest to connect with an experienced attorney with Haber Silver Russoniello & Dunn. Our firm understands how difficult these matters can be to navigate, which is why we are committed to helping you. Contact us today to learn more.