Terminating alimony, or the denial of a claim for alimony based on cohabitation by the payee, has always been a problematic area of the law. Payees attempting to perpetuate alimony often simply avoid remarriage and carry on a serious relationship with a cohabitant while conducting themselves in a manner so as to skirt the legal definition of cohabitation.

Recognizing this issue, in 2014, the New Jersey Legislature enacted N.J.S.A. 2A:24-23n, which broadens the legal definition of cohabitation. Unfortunately, not one reported case has been issued on the question of exactly what constitutes “cohabitation” under the new statute since its enactment.