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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Tag Archives: cohabitation

Alimony and Living Together for Love

Posted in Alimony

If there is cohabitation by an ex-spouse who receives alimony, the ex-spouse is at risk not only to a potential decrease in alimony but also at risk for a total termination of alimony.  On March 7, 2013, the New Jersey Appellate Division released the published decision of Reese v. Weis upholding a trial court’s termination… Continue Reading

Another Decision from the Appellate Division on the Consequences of Cohabitation on Alimony

Posted in Alimony, Divorce, Modification, Practice Issues, Property Settlement Agreements

As a follow up to my blog post of last week, this week the Appellate Division came down with yet another cohabitation decision. The case of Pizzuti v. Proctor was decided on March 31, 2011. In Pizzuti, the wife appealed from a decision wherein the trial court terminated her former husband’s alimony obligation of $100… Continue Reading

Can a landlord-tenant relationship terminate an alimony obligation based upon cohabitation?

Posted in Alimony, Cohabitants' Rights, Divorce, Modification

It seems as though a wave of cohabitation cases has recently swept across the Appellate Division in New Jersey. And for good reason. While well-settled is the concept that a supported spouse’s cohabitation typically will constitute a change of circumstances sufficient to justify end of a supporting spouse’s alimony obligation, the nuances of the law… Continue Reading

I THINK MY EX IS COHABITATING- NOW WHAT?

Posted in Alimony

If you have been through the process of divorce and have a spousal support obligation to your ex, you should have been advised that aside from explicitly stating an end date for your spousal support obligation, there are few ways to end the payments.  Death is certainly one of them.  If your ex remarries that… Continue Reading

COHABITATION AND THE SHIFTING BURDEN OF PROOF

Posted in Alimony

If a dependent spouse starts living with an unrelated adult after the divorce, is that enough to terminate the supporting spouse’s alimony obligation? While the answer to that question is not as simple as one would think, it is an issue that often arises, especially in a troubled economy where many supporting spouses are having a… Continue Reading

HELL HAS NO FURY LIKE A HUSBAND’S SCORN

Posted in Alimony, Divorce

As the saying goes “Hell has no fury like a woman scorned,” but in a recent unpublished New Jersey Appellate Division decision the opposite was true.  In Weitz v. Weitz, App. Div. Docket No. A-1760-08T1, decided February 25, 2010, the defendant, Arthur Weitz, appealed from orders denying his post-judgment motions to terminate payment of alimony and for… Continue Reading

Hello Cohabitation. Goodbye Alimony.

Posted in Alimony

What happens when a dependent spouse begins living with another partner? Well, in the recent unpublished decision of Hartelust v. Hartelust the Appellate Division reviewed this question. Docket No. A-2519-08T3, decided January 12, 2010.  Plaintiff Nora Hartelust appealed from an August 1, 2008 Order that terminated Defendant Alexander Hartelust’s alimony obligation.   After twenty years of marriage… Continue Reading

COHABITATION-WHAT HAPPENS TO MY SUPPORT?

Posted in Alimony

When a former spouse receiving alimony begins cohabiting with another person, what happens to the payor spouse’s support obligation?  Does it terminate?  Is it reduced?  Many people often confront this question and the answer is not always as simple as one would think.  Simply put, merely cohabiting with another person does not automatically entitle the… Continue Reading

APPELLATE DIVISION FINDS THAT 9 YEAR MARRIAGE DOES NOT MERIT PERMANENT ALIMONY – PREMARITAL COHABITATION COUNTS TOWARD LENGTH OF MARRIAGE

Posted in Alimony

In an interesting unreported decision released yesterday in the case of Christopher v. Christopher, the Appellate Division reversed a trial court opinion granting the wife permanent alimony.  The parties were married 2006 and the Complaint for Divorce was filed in December 2004.  Interestingly, the trial court found and the Appellate Division affirmed the tacking of… Continue Reading

COHABITATION TO TERMINATE ALIMONY?

Posted in Alimony

Many times a Property Settlement Agreement or Judgment of Divorce will address the payment of alimony.  An alimony calculation, among other factors, is calculated upon the length of the marriage, the income of the parties, the assets each will receive by way of the divorce, the age and health of the parties, and the age of children,… Continue Reading

Are They Living Together or Not?

Posted in Alimony, Cohabitants' Rights, Modification, Practice Issues

On February 3, 2009, my colleague, Katherine R. Sookhoo, an associate in or Philadelphia office,  wrote a very interesting article on cohabitation in our Pennsylvania Family Blog entitled For Love or Money.  I found the blog interesting for two reasons.  First, the rule of law between Pennsylvania and New Jersey are significantly different.  Second, although different, the difficulty litigants have in… Continue Reading

CAN AN ATTORNEY’S ETHICAL VIOLATION BE A CLIENT’S PROBLEM AS WELL?

Posted in Palimony, Practice Issues

Most people have heard or had experience with an attorney who’s behaviors were, one could say, questionable.  What most have not considered is what implications an attorney’s unethical or questionable behaviors could have on them. The New Jersey Supreme Court has provided some guidance on this very topic in the recent decision of Brundage v…. Continue Reading