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If you get remarried or live with someone else, your alimony payments could end. However, not every living arrangement would automatically be considered cohabitation under New Jersey law. Everything would depend on the facts and circumstances of your situation. A lawyer could explain what may put your continued spousal support payments at risk.
A dating relationship alone is not enough to jeopardize an alimony check. Many people date after a divorce. They still have the same expenses and needs, regardless of what is happening in their personal life. However, you must carefully consider your next steps if the relationship progresses. Remarriage would end all types of spousal support except rehabilitative and reimbursement alimony.
Living Together Does Not Always Mean Cohabitation
Living together is not the sole determinant of whether you would lose alimony. Instead, the court would look at the nature of your relationship. There is a chance you could maintain alimony when you live with someone else and could lose it if you never move in together. Specifically, the law says that “a court may not find an absence of cohabitation solely because the couple does not live together on a full-time basis.”
The court will scrutinize the details of your living arrangement if your ex-spouse files a motion to terminate alimony. New Jersey lists six factors a court could consider, and living together is one of them. A court may examine whether finances are intertwined and whether the alimony recipient has received an enforceable promise of support from another person. The court could also consider the length of the relationship as a factor to avoid stopping alimony for a newer relationship in its earlier phases.
Therefore, you should be careful about new relationships. Nobody says you cannot date or even enter into a serious relationship. However, you must consider the ramifications of specific actions within that relationship.
Your Ex-Spouse Could Learn Details and Obtain Evidence
The paying spouse may watch closely to see what you are doing because they may want to stop paying alimony. They would have the burden of proof to show cohabitation, but their meeting could have difficult financial consequences for you. Your ex-spouse could be combing through your social media (unfriending or blocking them may be a good idea), and they could even hire a private investigator to follow you. Whatever information your ex-spouse may not be able to get on their own, they could obtain through discovery in a contested court case.
If you are receiving alimony, you should not share details of the relationship with your ex-spouse because they could use them against you. It may also be a good idea to speak with a lawyer to learn what you should and should not do if you want to maintain your alimony for as long as possible.
Reach Out to Our Metuchen Divorce Lawyers at Wiley Lavender Maknoor, PC Today
You should contact a legal professional whether you need help with the divorce process itself or post-divorce issues. Our experienced Metuchen divorce lawyers at Wiley Lavender Maknoor, PC are here to help with your legal needs. You can message us online, or you can call us today at 732-494-6099 to schedule a free consultation. Located in Metuchen, New Jersey, we serve clients in Middlesex County, Monmouth County, Union County, and Somerset County.