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.
New Jersey Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Cohabitation By Dependent Spouse?
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FAQ
In New Jersey, there is no set formula or rule for how long you have to be married to be eligible for (or required to pay) alimony. The length of the marriage is just one of many factors that are taken into account when determining whether alimony is appropriate and, if so, the amount and duration of the payments.
There is no way to be married in the eyes of New Jersey law without actually getting married. You can live with your partner for decades but are only married once it is performed legally.
To discourage this practice, in New Jersey, alimony can be modified or terminated if the recipient spouse is shown to be in a cohabitation relationship with another person for at least three months. However, it is important to note that if the cohabitation relationship is ended, alimony can be reinstated.
There is no true way to entirely prove cohabitation when the ex-spouse is dishonest about his or her living situation. However, a wholly legal private investigation by Cowan Investigations could be paramount to getting the evidence needed to obtain court permission to stop or reduce alimony payments.
If alimony is challenged and the court finds cohabitation is occurring for the recipient spouse, it can suspend or terminate alimony.
Enforcing Cohabitation Contracts in New Jersey Because the law treats cohabitation agreements as binding contracts, they must meet specific requirements before a judge enforces them. The contract must be in writing, and both parties must sign it voluntarily, without undue pressure from the other party.
Cohabitation. n. living together in the same residence, generally either as husband and wife or for an extended period of time as if the parties were married. Cohabitation implies that the parties are having sexual intercourse while living together, but the definition would not apply to a casual sexual encounter.
If the couple shares joint bank accounts, joint credit cards or other financial holdings, they might be found to be cohabitating. If they share living expenses, like splitting utilities or agreeing to use one account for household bills, this could meet the definition of cohabitation.