In New Jersey, spousal support, also known as alimony, may be terminated if the recipient spouse begins cohabiting with a new romantic partner. A New Jersey statute, specifies the conditions and considerations for determining whether cohabitation warrants ending alimony. This statute acknowledges that if a receiving spouse shares a residence and financial responsibilities with a new partner, it may reduce or eliminate their need for financial support from a former spouse.

Definition and Factors of Cohabitation

According to NJ Rev Stat § 2A:34-23(n), cohabitation goes beyond simply living together; it includes an “interdependent” relationship that is akin to marriage. The court evaluates various factors to determine whether the relationship qualifies as cohabitation, including:

  1. Living together — Although cohabitation does not require full-time residency, regular overnight stays or extended periods of living together can demonstrate a cohabitating relationship.

  2. Intertwined finances — The court assesses whether the parties have shared financial obligations, such as bank accounts, debts, or joint investments.

  3. Shared or joint responsibility for living expenses — Evidence that the parties contribute to rent, utilities, groceries, or other living costs can suggest cohabitation.

  4. Recognition of the relationship in social and family circles — If the couple presents themselves as a committed unit in their social and family life, it suggests a relationship similar to marriage.

  5. Duration and continuity of the relationship — The longer the relationship and the more stable it appears, the more likely it will be seen as cohabitation.

  6. Behavior in the relationship — Other behaviors, like vacationing together, sharing holidays, or caring for each other’s children, can also demonstrate cohabitation.

The court may consider other relevant evidence indicating that the relationship functions in a way that reduces the receiving spouse’s financial need.

The burden of proof falls on the paying spouse to show that the recipient spouse is cohabiting with another person. I To prove cohabitation, the paying spouse can present a variety of evidence, including:

  • Financial records — Joint bank statements, shared credit card accounts, or documentation showing shared expenses can demonstrate financial interdependence.

  • Social media posts or photos — Postings may show the recipient spouse with a new partner in family-like or romantic settings.

  • Surveillance reports — A private investigator’s report may detail the frequency and regularity of the new partner’s presence at the recipient’s residence.

  • Witness testimony — Friends, neighbors, or family members can attest to the nature of the relationship.

If the court determines that the relationship resembles a marriage and reduces the recipient spouse’s need for support, it may modify or terminate alimony. The court’s decision depends on an individualized assessment, considering all the evidence presented.

The Law Offices of Kelli M. Martone in Haddon Heights handles alimony issues for clients throughout Camden and Burlington counties, including post-divorce proceedings concerning modifications and enforcement. Please call 856-432-4587 or contact me online to schedule a consultation.