Cohabitation of a dependent spouse with another in a relationship tantamount to marriage may lead to the suspension or termination of a payer’s obligation. During COVID many people have begun nesting for companionship and resource sharing. Ma
ny of these new “quasi-family” unions are built upon established long term relationships; others are built on less firm footing. The question arises: do these arrangements give rise to the right of the payer to examine the nature of the relationship and the appropriateness of some financial relief?
An application to terminate or suspend alimony based on cohabitation is provided for by Statute and Case Law and is frequently refined and defined by Property Settlement Agreements. Generally if one believes their spouse is cohabiting and the spouse is not conceding the fact, a motion must be made to the Family Part seeking relief or a hearing regarding the payee’s status.