Brad Micklin, a family lawyer in Nutley, answers:
Alimony may be modifiable or terminable if your ex-spouse moves in with her significant other. Maintaining the same residence may constitute a substantial change in circumstances warranting the court to modify or terminate alimony. However, moving in with the significant other in and of itself does not constitute an automatic basis to modify or terminate alimony. The court must still determine that there is “cohabitation,” which is defined as being in a mutually supportive, marriage-like relationship.
Pursuant to the new alimony statute, the court will consider the following in determining whether parties are cohabiting:
- Intertwined finances;
- Sharing or joint responsibility for living expenses;
- Recognition of the relationship in the couple’s social and family circle;
- 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; and
- All other relevant evidence.
Brad Micklin is a family lawyer in Nutley, NJ.