Cohabitation is “a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or a civil union, but does not necessarily maintain a single common household,” according to New Jersey law. Couples considering premarital cohabitation should become familiar with its legal limitations. Additionally, a divorced couple needs to understand how each partner’s subsequent relationships, particularly any that involve cohabitation, could impact their divorce agreement under New Jersey laws.
My partner asked me to move in. What do I need to know?
If you decide to take this step in your relationship, you have probably already considered your compatibility with your partner, your level of commitment to each other, and your mutual goals. You’ve agreed to share an existing space, or explored new locations. You’ve discussed your budget and monthly expenses.
It’s important that you both also consider your rights and limitations in legal matters, such as tax obligations or benefits and medical decisions. Outside of marriage, a civil union, or a domestic partnership, there is no way to formalize an arrangement under cohabitation laws in New Jersey. Couples who want the full rights and privileges of a formalized, legal union should explore these options when they are ready for a legal commitment.
Two people of the same sex can enter into a civil union in New Jersey. Before marriage between same sex partners became legal here in 2013, this was the only way for same sex couples to have the same rights and privileges as married couples. Today, however, this is less common since same sex couples can legally marry.
Same sex or opposite sex couples who are both 62 years of age or older may also consider the benefits of registering for a domestic partnership. Eligibility requirements include a shared NJ residence, joint financial arrangements or joint ownership of real or personal property, and joint responsibility for each other’s basic living expenses, among other requirements.
I’ve lived with my partner for a while. What do I need to know about cohabitation agreements in NJ?
Common law marriages, couples living together and presenting themselves as married without a legal ceremony or documentation, are recognized in some states after as little as one year. New Jersey, however, no longer recognizes common law marriages except for those established before 1939, when the laws were changed.
So what are your options? After months or years together, your shared living expenses may have helped you both acquire financial assets that may not otherwise have been possible. In this case, you should consider consulting an attorney specializing in cohabitation laws in NJ, who can advise your best course of action to protect your resources.
I’m divorced, and my ex is in a new relationship. What do I need to know about alimony and cohabitation in NJ?
A new dating relationship after divorce may complicate the terms of a divorce settlement, particularly when alimony has been awarded. It’s generally understood that alimony payments continue until the ex-spouse remarries, but did you know that cohabitation may also be grounds for termination of payments? The statute regarding alimony in New Jersey was amended in 2014 to clarify the law on cohabitation.
Proving cohabitation in New Jersey requires bringing before the court’s consideration evidence that your ex-spouse’s new relationship involves shared finances, such as a joint bank account, proof that the couple is sharing the same home some or most of the time, evidence of shared chores and household duties, testimony from individuals familiar with the couple, and even the couple’s social media posts. Family law attorneys are best equipped to guide you through this process should you need it.
Here at DeTorres & DeGeorge, New Jersey divorce attorneys, we can help you determine how cohabitation laws in NJ may affect you in your current relationship or alimony agreement. Contact us today to schedule a consultation with one of our attorneys. We are here to help.
Frequently asked questions about cohabitation and alimony
Who pays alimony in a divorce in New Jersey?
The person financially responsible for maintaining the standard of living in the marriage pays the alimony. The main consideration is one spouse’s needs as compared to the other spouse’s ability to pay to cover the shortfall to those needs.
How long does alimony last in New Jersey?
The length of time alimony is paid depends on the type of alimony and the length of the marriage. For marriages less than 20 years in duration, there is typically an agreement for a set period of time during which alimony is paid. In all cases, alimony expires with the death of either party, or if the person receiving alimony remarries. In some cases, the alimony recipient may lose that support if cohabitation is proven.
Would a modified alimony arrangement affect a child support agreement already in place?
Alimony and child support are not the same thing. In New Jersey, there are different rules and guidelines for each. Child support is calculated using the New Jersey Child Support Guidelines, whereas alimony is based on a number of factors with no set formula.
I have reason to believe my ex-spouse is in a much better financial position now than they were at the time of the divorce. What is required to change an existing alimony arrangement?
In order to modify an existing support order, you must demonstrate that there is a substantial and permanent change that would warrant a modification of the support obligation.