This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Spouse Alimony Provisions With Spouse In Middlesex
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Multi-State
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Middlesex
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US-00003BG-I
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FAQ
Alimony in the state of New Jersey is determined based upon a significant number of statutory factors, some of which are the length of the marriage, the age of the parties, the health of the parties, earning capacities of the parties, your history of earnings, as well as your education histories, your degrees and so ...
The courts can award permanent alimony, which is called open durational alimony in New Jersey. Open durational alimony continues until a spouse dies or the court terminates the obligation. However, a judge may order another type of alimony based on the facts of the case.
New Jersey's alimony law says: "Alimony may be ... terminated if the recipient of alimony 'cohabits' with another person." (NOTE: the word is not "cohabitates".)
The 2014 statute replaces the term “permanent alimony” with “open durational alimony.” Other changes to alimony in New Jersey include: The length of alimony payments cannot exceed the length of the marriage for marriages that last less than 20 years- except for special circumstances.
If you are still living with your spouse or former spouse, alimony payments are not tax-deductible. You must make payments after physical separation for them to qualify as tax-deductible. Don't file a joint tax return. If you and your spouse file a joint income tax return, you can't deduct alimony payments.
To prove cohabitation, you will need to show that your ex is residing with another person, sharing household expenses and that they are holding themselves out as a couple. While the proof of sexual activity can be difficult to prove, it will generally be presumed when the other factors are proven.
In the state of California, the law presumes that living with someone else reduces your need for support. You will need to prove to a judge that you still need the same amount of alimony. Otherwise, it will be reduced or terminated.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
Not necessarily is you move in together, but if you cohabit, then yes, alimony does terminate. It's more complicated than this, but cohabitation is living together in a husband-wife relationship, including sexual intimacy. Usually, moving back in with an ex for all intents and purposes ends alimony.
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.