Over the course of my career as a New Jersey divorce lawyer, the 2014 amendments to the alimony laws in our state were the most revolutionary I have ever seen. Specifically, changes were made to New Jersey alimony laws as it pertains to how a New Jersey Family Court shall evaluate cases involving cohabitation of the recipient of the alimony. For a number of reasons, I believe the law was modernized with respect to cohabitation. This attorney breaks down a recent case that illuminates many aspects of this complex area of New Jersey divorce law.
In J.S. v. J.M., the parties were married for twenty years. The parties divorced in 2010 by a final judgment of divorce. Incorporated in the parties’ final judgment of divorce was a property settlement agreement, which laid out the terms of the parties’ divorce, including alimony. The parties agreed in the property settlement agreement that the husband would pay the wife alimony each month until the husband reached normal retirement age. The agreement also stated that the husband’s alimony obligation would end if the wife cohabitated with an unrelated man for a period of thirty or more days.