It is difficult but not impossible, depending upon your facts. The good news is that the law of cohabitation and alimony was “modernized” in New Jersey back in 2014 which was part of the greatest overhaul I have ever witnessed to divorce and alimony laws since I became practicing divorce lawyer in New Jersey back in 1995.
Attorneys must provide facts and legal arguments to present to a judge of the Superior Court of New Jersey so that the court may consider a number of factors when deciding whether cohabitation exists. These include, but are not limited to:
- Commingling of finances such as joint back or credit card accounts;
- Sharing living expenses such as mortgage and rent payments;
- Friends and family consider the relationship as a committed and intimate one such as attending holidays, weddings or funerals together;
- How long has the relationship existed;
A major change in the New Jersey’s alimony law and cohabitation is that it is no longer required to prove actual cohabitation. This is because before the changes in the law folks would draft fake leases for apartments they rarely stayed at because the law of cohabitation was so rigid that often this was deemed to be enough proof. Now these games are over.
Nevertheless, it is still hard to prove cohabitation. In the following case, one of the reasons the petitioner failed to prove cohabitation was because he failed to have his private detective update their report before filing his motion.