News & Analysis as of

Cohabitation Divorce

Lasher Holzapfel Sperry & Ebberson PLLC

Dating Apps and Divorce

Dating apps are the most popular place to find people to date. As a divorce attorney, I hear many anecdotes from clients or former clients who met their new partner on a dating app. However, there are a few considerations...more

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Alimony & the Cohabitation Dilemma

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In 1980 Pennsylvania revised its 1929 Divorce Code and for the first time allowed post divorce alimony. It was a tough legislative battle with conservative forces professing concern that divorce would become ubiquitous. One...more

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A 21st Century Visit to the Alimony Bar

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When drafted and adopted as law in the 1980 Divorce Code, Section 706 (now 3706) was disarmingly simple. It said, 706. Bar to alimony - No petitioner is entitled to receive an award of alimony where the petitioner,...more

Obermayer Rebmann Maxwell & Hippel LLP

Recent Changes in New Jersey Cohabitation Applications

If you are paying or receiving alimony, you should be aware of recent changes and clarifications to the burden of proof required to make a prima facie case of cohabitation. If you are paying alimony to a former spouse, it...more

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The “Terms of Engagement” in Campbell v. Tang Suggest Engagement in Pennsylvania is a “Risky Business.”

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Jian Tang and Robert Campbell met in May 2016 on Match.com., an online dating site. Things appear to have progressed nicely. They began to live together and in March 2017, Campbell came forth with a proposal of marriage. Not...more

Obermayer Rebmann Maxwell & Hippel LLP

My former spouse is cohabiting...can I stop paying alimony now?

Many divorced clients ask if they can stop making alimony payments if they suspect their former spouse is cohabiting. The answer, simply, is it depends....more

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Top 10 Posts Read in 2022 – JD Supra style

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Yesterday, I posted the Top 10 Posts in 2022 on our NJ Family Law Blog as measured by page views. Aside from publishing the posts directly on our blog, the posts are also shared on a content aggregator, JD Supra which...more

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Top 10 Posts of 2022

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The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the top songs of the year. So I decided to do a top 10 list related to posts on this...more

Lasher Holzapfel Sperry & Ebberson PLLC

Not Married, Not a Problem: Washington State’s “Committed Intimate Relationship” Doctrine Provides a Means for Some Unmarried...

In a divorce, the judge will have to divide your marital property and debts between the spouses. The division must be “just and equitable” under the circumstances of the relationship. But can an unmarried couples receive a...more

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No Prima Facie Showing Of Cohabitation = No Right To Discovery To Try To Prove It

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For the second time in about a month, the Appellate Division has reversed improvidently granted discovery when there hadn’t been a showing of a change of circumstance. As noted by Eliana Baer on this blog on August 12, 2019...more

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Appellate Division Reverses Trial Court’s Denial Of Payor’s Motion To Terminate Alimony In Unique Cohabitation Scenario

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Demonstrating yet again that cohabitation cases are almost always a creature of their specific facts and circumstances, the Appellate Division in the recently unpublished, Salvatore v. Salvatore, reversed a trial court’s...more

Obermayer Rebmann Maxwell & Hippel LLP

How Do I Prove Cohabitation to Suspend My Alimony Obligation?

As you may have heard, it just got a bit easier in New Jersey to prove cohabitation, i.e. that your former spouse is in a serious relationship with their new partner! Specifically, now, you no longer need to prove that your...more

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Appellate Division Issues New Decision On Cohabitation

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In the midst of our ongoing quest for guidance as to how and when to apply the 2014 cohabitation statute, comes the Appellate Division’s recent unpublished (not precedential) decision in J.S. v. J.M. While the decision does...more

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Appellate Division Denies Cohabitation Claim Under Alimony Statute

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While we await guidance from the Appellate Division on how to interpret that portion of the amended alimony statute’s cohabitation provision, N.J.S.A. 2A:32-23n, indicating that alimony may be “suspended or terminated” in the...more

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