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Alimony Cohabitation

Fox Rothschild LLP

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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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

Fox Rothschild LLP

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

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

Fox Rothschild LLP

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

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

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

Fox Rothschild LLP

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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Two Months Of Overnights May Not Definitively Mean Cohabitation, But It Should At Least Get You Discovery

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As we have said before, the 2014 amendments to the alimony statute allegedly made it easier to terminate alimony if the recipient of the alimony was cohabiting. The statute now provides that alimony may be terminated or...more

Fox Rothschild LLP

No Prima Facie Showing Of Cohabitation = No Right To Discovery To Try To Prove It

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For the second time in about a month, the Appellate Division has reversed improvidently granted discovery when there hadn’t been a showing of a change of circumstance. As noted by Eliana Baer on this blog on August 12, 2019...more

Fox Rothschild LLP

Appellate Division Reverses Trial Court’s Denial Of Payor’s Motion To Terminate Alimony In Unique Cohabitation Scenario

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Demonstrating yet again that cohabitation cases are almost always a creature of their specific facts and circumstances, the Appellate Division in the recently unpublished, Salvatore v. Salvatore, reversed a trial court’s...more

Obermayer Rebmann Maxwell & Hippel LLP

How Do I Prove Cohabitation to Suspend My Alimony Obligation?

As you may have heard, it just got a bit easier in New Jersey to prove cohabitation, i.e. that your former spouse is in a serious relationship with their new partner! Specifically, now, you no longer need to prove that your...more

Fox Rothschild LLP

Appellate Division Issues New Decision On Cohabitation

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In the midst of our ongoing quest for guidance as to how and when to apply the 2014 cohabitation statute, comes the Appellate Division’s recent unpublished (not precedential) decision in J.S. v. J.M. While the decision does...more

Fox Rothschild LLP

Appellate Division Denies Cohabitation Claim Under Alimony Statute

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While we await guidance from the Appellate Division on how to interpret that portion of the amended alimony statute’s cohabitation provision, N.J.S.A. 2A:32-23n, indicating that alimony may be “suspended or terminated” in the...more

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