Articles Tagged with Cohabitation

|

Ascertaining whether a supported spouse is cohabiting with a romantic partner in such a way that it 3e728f0b3d0e026b62a8cb4b38918e95-300x200constitutes a changed circumstance warranting a modification of alimony is often an issue that family courts have address.  In 2014, the New Jersey Legislature modified the alimony statute, N.J.S.A. 2A:34-23(n), to codify factors to determine whether a former spouse is cohabiting with a romantic partner such that an alimony award may be modified.  Those factors are:

(1) Intertwined finances such as joint bank accounts and other joint holdings or liabilities;

(2) Sharing or joint responsibility for living expenses;

Continue reading ›

|

In modern society, it is common for unmarried couples to live together without being married.  When an unmarried cohabiting couple separates, however, the rights to equitable distribution and6a3146dbdf81597192112ac03d77c7e4-300x200 alimony does not exist.  No matter how long an unmarried couple has lived together, they do not have the legal rights and protection that divorcing couples enjoy.  Cohabitating, unmarried couples also do not enjoy the rights and protections that married couples having during their marriage, such as filing joint tax returns; receiving distributions from estates free of estate tax; receiving survivor’s benefits from retirement plans and Social Security; obtaining “family” health insurance, dental insurance, and other employment benefits; and automatically sharing in his/her partner’s property in the event he or she dies without a will. Continue reading ›

|

On December 12, 2016 the Supreme Court of New Jersey decided the case of Thieme-v-Aucoin-Thieme, regarding equitable distribution and/or the use of a constructive trust in a post-judgmentDSC04154-B-300x225 dispute over deferred compensation paid to one spouse after the parties’ divorce. Continue reading ›

|

On September 20, 2016, the Internet was buzzing with reports of Angelina Jolie-Pitt filing for divorce from her long time partner of twelve years and husband of two years, Brad Pitt. The demise ofJoliePitt Angelina Jolie-Pitt’s and Brad Pitt’s two year marriage raises questions about the division of their assets in divorce. “The couple have six children together–and more than half a billion dollars worth in cumulative earnings,” according to Forbes.com. “Since their marriage in 2014, the duo have earned a combined $117.5 million before taxes and fees, per Forbes’ estimates. Continue reading ›

|

When you mention Private Investigators in the context of a matrimonial dispute, most people think of what is portrayed in movies or in television of a gumshoe Detective tailing a car or hiding in the bushes, trying to get the goods on a suspected cheating spouse. While hiring a private investigator to determine whether a spouse may be engaged in an adulterous relationship remains a common reason to do so, there are a multitude of other reasons why the use of a private investigator can be an important tool for the client as well as the attorney in the preparation of a matrimonial case. This blog post will discuPrivate Investigatorss some of these circumstances, as well as some practical and legal considerations affecting the use of private investigators. Continue reading ›

|

We have written previously about issues of cohabitation and it’s impact on the right and obligation to receive and pay alimony. We have also written about the courts’ attitudes towards the file0001849487704enforcement of Property Settlement Agreements. On May 3, 2016 the Supreme Court of New Jersey in the matter of Quinn -v- Quinn, — NJ — (2016) [(A-5-14) (074411)], addressed the issue of enforcing terms of a Property Settlement Agreement involving the effect of cohabitation on provisions dealing with alimony in the matter. In this matter the parties, who were married in 1983, entered into a Property Settlement Agreement in 2006 providing that upon the Wife’s cohabitation, per case or statutory law, her alimony would terminate. Continue reading ›

|

Previously we have written about the 2014 modifications to N.J.S.A. 2A:34-23 which dramatically changed the law in New Jersey as it relates to alimony. As outlined in that blog, the statute not only eliminated permanent alimony as a judicial option but clarified the law as it related to the impact of: cohabitation, retirement and loss of employment on alimony. The effective date of that statute is September 10, 2014. The bar has been awaiting cases dealing with the new alimony statute’s impact on new matters as well as how it would apply to matters resolved prior to its effective date. Continue reading ›

|

When it comes to romantic couples “living together”, attitudes have changed from what they were a few decades ago.   The negative stigma attached to couples cohabiting outside of marriage has waned and fewer people view unmarried couples who live together as inappropriate or immoral.   In fact, many couples view “living together” as a way to live without marriage, as part of dating, as a means to reduce expenses or as a useful step or “test run” so to speak in the road towards marriage. Continue reading ›

|

A bill has passed the New Jersey Senate and Assembly and which is now before the governor that intends to amend the current alimony statute, N.J.S.A. 2A34-23.   At present, the alimony statute allows a court to consider (1) permanent alimony; (2) limited duration alimony; (3) rehabilitative alimony; and (4) reimbursement alimony.   Under permanent alimony, there is technically no end to alimony until the payor or payee spouse dies or the payee spouse remarries.   The new proposed alimony statute would replace “permanent alimony” with “open durational” alimony. Continue reading ›