Filing for Cohabitation in New Jersey

In the state of New Jersey, alimony, also known as spousal support, is an amount of money that a spouse may be required to pay to the other spouse after a divorce. The purpose of alimony is to provide financial support to a spouse who may be disadvantaged by the divorce, such as a spouse who stayed home to care for the children or who has a lower income than the other spouse.

However, alimony may be eliminated or modified if the receiving spouse begins cohabiting with a new romantic partner. Under New Jersey law, cohabitation is defined as living with another person in a romantic or familial relationship without being married. Here is a link to the cohabitation statute in New Jersey .

If the paying spouse can prove that the receiving spouse is cohabiting with a new partner, the paying spouse may be able to petition the court to terminate or reduce the amount of alimony being paid. In New Jersey the court considers seven factors in making this decision, that include:

1. Commingled finances such as bank accounts and other holdings or liabilities
2. Sharing or joint responsibility for utilities or daily living expenses
3. Acceptance of the relationship amongst the couple’s family circle or community
4. Living together, the frequency of contact (not just overnights), the duration of the relationship, and other inference of an intimate relationship
5. Sharing household chores
6. Whether the recipient of alimony has a promise of support from another individuals within the laws of New Jersey
7. All other relevant evidence.

Proving Cohabitation in NJ is a different animal.

Capital Investigations is one of the leaders in assisting client in proving cohabitation. Our unique investigative strategies have an over 97% success rate in obtaining a prima facia ruling in their cohabitation cases.

It is important for individuals to understand their legal rights and responsibilities when it comes to alimony and filing a cohabitation motion in New Jersey. Seeking the advice of a lawyer or other legal professional can help individuals navigate this process and make informed decisions about their financial situation. Capital Investigations have performed hundreds of cohabitation investigations in New Jersey and has worked with the most experienced attorneys who have successfully modified or eliminated alimony in New Jersey. Contact us at (862) 437-1064 or admin@capinvestigations.net should you have and questions regarding a cohabitation investigation in New Jersey or a referral for an experienced attorney who has a winning track record.