News & Analysis as of

Cohabitation

Lasher Holzapfel Sperry & Ebberson PLLC

Dating Apps and Divorce

Dating apps are the most popular place to find people to date. As a divorce attorney, I hear many anecdotes from clients or former clients who met their new partner on a dating app. However, there are a few considerations...more

Fox Rothschild LLP

Your Girlfriend from the 1980s is Grateful for Your Million Dollars.

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It is no secret that a lot of people in America are living alone and while many have been in one or more serious relationships those never culminated in marriage. Meanwhile, these people accumulate assets but often don’t pay...more

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Alimony & the Cohabitation Dilemma

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In 1980 Pennsylvania revised its 1929 Divorce Code and for the first time allowed post divorce alimony. It was a tough legislative battle with conservative forces professing concern that divorce would become ubiquitous. One...more

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Another Paternity by Estoppel Circus; This One Precedential.

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Last month we posted about a new Supreme Court decision seeking to keep paternity by estoppel alive. This week brings us a precedential case from the Superior Court that illustrates just how chaotic this attempt to...more

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A 21st Century Visit to the Alimony Bar

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When drafted and adopted as law in the 1980 Divorce Code, Section 706 (now 3706) was disarmingly simple. It said, 706. Bar to alimony - No petitioner is entitled to receive an award of alimony where the petitioner,...more

Obermayer Rebmann Maxwell & Hippel LLP

Recent Changes in New Jersey Cohabitation Applications

If you are paying or receiving alimony, you should be aware of recent changes and clarifications to the burden of proof required to make a prima facie case of cohabitation. If you are paying alimony to a former spouse, it...more

Barnea Jaffa Lande & Co.

Married and Common-Law Couples – Division of Property

The Israeli Supreme Court recently handed down an important ruling addressing the issue of division of property between common-law spouses. Specifically, the ruling changes the “presumption of property sharing” arrangement...more

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Marijuana Use and Custody Litigation: The Straight Dope

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Last week brought us a panel decision of the Superior Court in Humphrey v. Ross, not to be confused with the epic child support battle Humphreys v. DeRoss. The facts are kind of typical. Non marital relationship produces a...more

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Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to Show

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Despite the Appellate Division decision in the Temple case in 2021 that seemingly made it easier to show a prima facie case of cohabitation necessary to get discovery and perhaps terminate or suspend alimony, as I blogged on...more

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The “Terms of Engagement” in Campbell v. Tang Suggest Engagement in Pennsylvania is a “Risky Business.”

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Jian Tang and Robert Campbell met in May 2016 on Match.com., an online dating site. Things appear to have progressed nicely. They began to live together and in March 2017, Campbell came forth with a proposal of marriage. Not...more

Downey Brand LLP

Cohabitation Required for “Marital Presumption” to Bar Heirship

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Who’s your father for inheritance purposes in California? Family Code section 7540(a) states that “the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the...more

Obermayer Rebmann Maxwell & Hippel LLP

My former spouse is cohabiting...can I stop paying alimony now?

Many divorced clients ask if they can stop making alimony payments if they suspect their former spouse is cohabiting. The answer, simply, is it depends....more

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Top 10 Posts Read in 2022 – JD Supra style

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Yesterday, I posted the Top 10 Posts in 2022 on our NJ Family Law Blog as measured by page views. Aside from publishing the posts directly on our blog, the posts are also shared on a content aggregator, JD Supra which...more

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Top 10 Posts of 2022

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The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the top songs of the year. So I decided to do a top 10 list related to posts on this...more

Lasher Holzapfel Sperry & Ebberson PLLC

Washington Family Law: Appealing Your Case When the Issue Concerns a Committed Intimate Relationship

I have previously blogged about Committed Intimate Relationships (“CIR”) and how courts handle them at the trial level . In addition, CIR have also been reviewed by the Appellate and Supreme Court of Washington....more

Lasher Holzapfel Sperry & Ebberson PLLC

In re Dewitt: An Example of Washington’s “Committed Intimate Relationship” Doctrine Applied to a Very Fact-Intensive Case

In a prior blogpost, I discussed Washington State’s Committed Intimate Relationship Doctrine (“CIR”) and outlined the five non-exclusive factors courts consider in determining whether a CIR existed:...more

Fox Rothschild LLP

Why Do Judges Keep Wrongly Denying Cohabitation Motions

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For decades, cohabitation was grounds to at least get a review of alimony. When the alimony statute was amended in 2014, almost 8 years ago, the revisions made it easier for alimony payors to get out from under their alimony...more

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Appellate Division Applies Moynihan Palimony Decision Retroactively

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Over the years, I have written a lot on palimony cases, both before and after the landmark Maeker v. Ross case that I argued in the New Jersey Supreme Court. On March 8, 2022, I blogged on the Supreme Court’s decision in the...more

Lasher Holzapfel Sperry & Ebberson PLLC

Not Married, Not a Problem: Washington State’s “Committed Intimate Relationship” Doctrine Provides a Means for Some Unmarried...

In a divorce, the judge will have to divide your marital property and debts between the spouses. The division must be “just and equitable” under the circumstances of the relationship. But can an unmarried couples receive a...more

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The American Family: Increasingly Isn’t

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The Pew Research Center issued a report today titled by its conclusion. “Rising Shares of U.S. Adults are Living Without a Spouse or Partner.” The study utilized data from 2019 and found that it is isn’t just marriage that’s...more

Greenbaum, Rowe, Smith & Davis LLP

The Continued Confusion Of Cohabitation Post-Landau: A Recent New Jersey Appellate Division Ruling Provides Further Guidance -...

In the precedent-setting case Landau v. Landau, decided by the Superior Court of New Jersey Appellate Division in September 2019, the Court held that the 2014 statutory amendments to New Jersey’s alimony statute, which...more

Greenbaum, Rowe, Smith & Davis LLP

The Continued Confusion Of Cohabitation Post-Landau: A Recent New Jersey Appellate Division Ruling Provides Further Guidance

In the precedent-setting case Landau v. Landau, decided by the Superior Court of New Jersey Appellate Division in September 2019, the Court held that the 2014 statutory amendments to New Jersey’s alimony statute, which...more

Fox Rothschild LLP

Appellate Division Defines The Elements A Movant Must Present In Order To Demonstrate A Prima Facie Case Of Cohabitation

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Six years, nine months and 7 days following the enactment of New Jersey’s amended alimony statute’s cohabitation provision on September 10, 2014 (N.J.S.A. 2A:32-23n) the New Jersey Appellate Division provided long awaited and...more

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Palimony Isn’t Alimony – Having A Long Term Relationship Alone Doesn’t Give You A Right To Support

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Many people think that palimony is just alimony with a “P” and that the mere existence of a long term unmarried relationship, where the people live together, is enough to convey some right of support. Having argued the...more

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Cohabitation As A “Joint Venture”

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Back in March of this year when the first lockdown began, there were news reports of people electing to quarantine together, if for no other reason, than to avoid isolation. In some instances, it was to give a forming...more

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