The issue of cohabitation and its effect on support obligations has long been a provocative topic in New Jersey. Given the present economy, in which more people are seeking to combine living expenses, as well as the sociological shift in relationships whereby more and more couples are choosing to reside together without the benefit of marriage, this issue has come to the forefront of many lawyers’ cases.
When there is an alimony responsibility, the question of what, if any, effect the dependent spouse’s cohabitation may have on the supporting spouse’s obligation must be considered. There is no issue more difficult for counsel to explain to a supporting spouse than the fact that he or she may be ordered to continue to pay support to a former spouse, even while that former spouse is living with a third party. Despite the high level of emotions that run through these cases, the lawyer’s role is to remain calm and focus on the economics at hand. This article seeks to set forth the law on the issue of cohabitation, as well as to define the shifting burdens of proof, and to provide practice tips for those attorneys involved in cohabitation cases.
