Six years, nine months and 7 days following the enactment of New Jersey’s amended alimony statute’s cohabitation provision on September 10, 2014 (N.J.S.A. 2A:32-23n) the New Jersey Appellate Division provided
Continue Reading Appellate Division Defines the Elements a Movant Must Present in Order to Demonstrate a Prima Facie Case of Cohabitation
Two Months of Overnights May Not Definitively Mean Cohabitation, But It Should At Least Get You Discovery
As we have said before, the 2014 amendments to the alimony statute allegedly made it easier to terminate alimony if the recipient of the alimony was cohabiting. The statute now
Continue Reading Two Months of Overnights May Not Definitively Mean Cohabitation, But It Should At Least Get You Discovery
No Prima Facie Showing of Cohabitation = No Right to Discovery to Try to Prove It
For the second time in about a month, the Appellate Division has reversed improvidently granted discovery when there hadn’t been a showing of a change of circumstance. As noted by
Continue Reading No Prima Facie Showing of Cohabitation = No Right to Discovery to Try to Prove It
Appellate Division Issues New Decision on Cohabitation
In the midst of our ongoing quest for guidance as to how and when to apply the 2014 cohabitation statute, comes the Appellate Division’s recent unpublished (not precedential) decision in
Continue Reading Appellate Division Issues New Decision on Cohabitation
Appellate Division Denies Cohabitation Claim Under Alimony Statute
While we await guidance from the Appellate Division on how to interpret that portion of the amended alimony statute’s cohabitation provision, N.J.S.A. 2A:32-23n, indicating that alimony may be “suspended or
Continue Reading Appellate Division Denies Cohabitation Claim Under Alimony Statute
Settling Your Case Comes With Great Power and Great Responsibility
Amicably settling your divorce matter is almost always better than taking your chances at a trial before a trial judge who knows almost nothing about your life. Not only can
Continue Reading Settling Your Case Comes With Great Power and Great Responsibility
Appellate Division Finds Payor Spouse Fails to Fulfill Initial Burden of Proof on Cohabitation Claim
As regular readers of this blog may know, cohabitation has been a hot topic of discussion in recent months with several new cases addressing the subject within and beyond the
Continue Reading Appellate Division Finds Payor Spouse Fails to Fulfill Initial Burden of Proof on Cohabitation Claim
Cohabitation Under the Amended Alimony Statute – Are We There Yet?
Suffice it to say, the issue of cohabitation under the amended alimony statute has been a hot topic of late in New Jersey family law. With several recent notable seminars
Continue Reading Cohabitation Under the Amended Alimony Statute – Are We There Yet?
APPELLATE DIVISION FINDS THAT COHABITATION MATTER CANNOT BE REOPENED BASED SOLELY ON CHANGE IN ALIMONY LAW
While the Appellate Division has yet to address the substantive application and meaning of the cohabitation provisions of the amended alimony law, it has now determined twice when the law
Continue Reading APPELLATE DIVISION FINDS THAT COHABITATION MATTER CANNOT BE REOPENED BASED SOLELY ON CHANGE IN ALIMONY LAW
APPELLATE DIVISION HOLDS AMENDED ALIMONY LAW DOES NOT APPLY TO POST-JUDGMENT ORDERS FINALIZED BEFORE LAW’S EFFECTIVE DATE
With New Jersey’s amended alimony statute becoming effective on September 10, 2014, many questions have arisen as to how the statute will apply and the meaning of many of the
Continue Reading APPELLATE DIVISION HOLDS AMENDED ALIMONY LAW DOES NOT APPLY TO POST-JUDGMENT ORDERS FINALIZED BEFORE LAW’S EFFECTIVE DATE