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Cohabitation, Joint House Purchase & Alimony

Started by NJDad, Nov 16, 2005, 05:44:25 PM

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NJDad

Dear Socrateaser,


I live in New Jersey and am currently paying around $840/month in alimony. Originally, my ex-wife had residential custody of our four young children when the divorce was finalized. Even though we were married less than 10 years, I was ordered to pay permanent alimony. This was because she is collecting SSD benefits and the Judge wanted her to receive support income throughout the children's school years. Within one year of our divorce, she lost custody of them and they now live with me.


While the divorce was finalizing, 2 ½ years ago, she began dating someone and six months ago he moved in with her. Within the past two weeks, they jointly purchased a home and have just closed on it. (Note: She will now own 3 houses.) I was able to view the deed on-line, as a PDF document, at the County Clerk's website. In the deed, he listed her house - which was our former matrimonial household, as his place of residence. Since they are cohabitating and not marrying it seems as though she will still be able to collect alimony, possibly at a reduced rate if I file a motion.


I have a couple of questions:

1) What factors can determine the cessation of alimony?

2) Could cohabitation make the jump from just living with someone to being indicative of a more serious relationship commitment - on par with marriage (Especially when the two parties mutually purchase a new home to live in.)?


Thanks so much,
NJDad


socrateaser

>I have a couple of questions:
>
>1) What factors can determine the cessation of alimony?

I regret that I don't know NJ law in this area, and I don't have time to research it. In many jurisdictions (e.g., CA), proof of cohabitation is sufficient justification to terminate spousal support under the family law code. But, NJ is probably the most archaic jurisdiction for family law in the U.S., so it's quite possible that even a remarriage won't necessarily cut off spousal support.

So...you'll either have to research it yourself or contact a local lawyer on this one...sorry.

>2) Could cohabitation make the jump from just living with
>someone to being indicative of a more serious relationship
>commitment - on par with marriage (Especially when the two
>parties mutually purchase a new home to live in.)?
>
See above.