Alimony can be a contentious issue in New Jersey divorces, as to both the amount awarded and the duration of payments. The paying spouse typically wants to end the obligation as soon as possible. There are certain circumstances that justify early termination of alimony, one of which is the recipient spouse’s cohabitation with another romantic partner. However, proving cohabitation has occurred can be difficult. Now, the New Jersey Supreme Court has provided some needed guidance.

In Cardali v. Cardali, decided August 8, 2023, the court made it easier for the party seeking termination to make a showing of cohabitation. For purposes of alimony termination, cohabitation is defined as a mutually supportive relationship reflecting the duties and privileges associated with marriage — even if the two people do not maintain a single common household. There are six factors set out in the New Jersey alimony statute for determining whether cohabitation exists. Those factors are:

• Intertwined finances such as joint bank accounts and other joint holdings or liabilities
• Sharing or joint responsibility for living expenses
• Recognition of the relationship in the couple’s social and family circles
• Living together, the frequency of contact, the duration of the relationship and other indicia of a mutually supportive intimate personal relationship
• Sharing household chores
• Whether the recipient of alimony has received an enforceable promise of support from another person

In the Cardali ruling, the court said the moving party does not need to present evidence related to all six of the factors upfront. Instead, the moving party’s motion need only address some of the six factors and be supported by competent evidence that would warrant a finding of cohabitation if unrebutted. Once a prima facie case is made, the judge should order discovery. After that, the court should conduct a trial to decide whether cohabitation is occurring.

The court recognized that it may not be possible for a moving party to provide evidence of all six factors without being allowed discovery, so it doesn’t make sense to deny motions that don’t address all six upfront. Very often, the evidence of cohabitation is ambiguous and/or difficult to attain. It may become available only through private investigations, discovery or a combination of both. The Cardali ruling is thus likely to make it easier for spouses to prove justifiable circumstances for suspending or terminating alimony based on cohabitation.

If you have questions about alimony, whether you are paying or receiving it, reach out to the Martone Law Group, LLC in Haddon Heights. I offer a free initial consultation, which you can schedule by calling 856-432-4587 or by contacting me online.