The Sound of Silence: Cohabitation is a Foreseeable Event Required to be Included as Alimony Terminating Language in a Marital Settlement Agreement

In 2014, the New Jersey State Legislature amended the alimony statute, N.J.S.A 2A:34-23, which better addressed the issue of cohabitation.  The amended statute now states as follows:

Alimony may be suspended or terminated if the payee cohabits with another person. Cohabitation involves a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household.

When assessing whether cohabitation is occurring, the court shall consider the following:

Considering a Divorce? Top 10 Tips to Be Prepared

1. Get Informed.

Knowledge is power. Many people go through life without a full understanding of their finances. Sometimes it’s trivial, like not knowing exactly how much money is in your 401(k), while other times, people are unaware of exactly how much money their spouse makes.

New Jersey Divorce: Division of Assets is Equitable, not Equal

When spouses divorce, one of the things most often fought over is the division of their marital property, which is also referred to as equitable distribution.  Different states have different laws on what is considered marital property and how the marital property is divided between spouses.  In New Jersey, a court will divide the marital property “equitably” between divorcing spouses, which should not be confused with “equally.”

What is an Order to Show Cause?

Chicago Cubs fans around the world rejoiced this month when the team took their first World Series Championship in 108 years.  Thanks to the decision of an Illinois family court last month, however, there may be one disgruntled Chicago Cubs fan this year – a husband who was forced to provide his soon-to-be-ex-wife with a ticket to Game Four of last month’s World Series game between the Chicago Cubs and the Cleveland Indians.

Does the fighting ever end?

I recently read an article on Huffington Post that provided an interesting perspective on the emotional turmoil that many divorcing couples go through.  What made it interesting is that it was provided by a third party - a friend of one of the spouses- providing his insights and opinions on what his friend had been going through.

Supporting a Prodigy? How “Gifted” Children Affect Child Support Awards

A New Jersey Superior Court family judge recently determined the standard for child support awards where the child is “gifted,” warranting a deviation from the child support guidelines. While normally the guideline-set child support awards account for payments of a child’s extracurricular activities, a finding by the court that the child is “gifted” may result in a greater award than that required by the guidelines.