It is only natural for you to want a fresh start after finalizing your divorce from your now former spouse. However, even though you have officially parted ways with them, you may not escape them entirely. This is the context of if you collect alimony payments from them, and your fresh start entails possibly moving in with a new partner. Well, if you are under these circumstances, please follow along to find out the impact cohabitation has on alimony and how a proficient Bergen County alimony attorney at McNerney & McAuliffe can help you navigate your new life post-divorce.
What is the impact of cohabitation on a pre-existing alimony order?
Put simply, if your former spouse gets word that you cohabitate with your new romantic partner, they may take it upon themselves to file a post-judgment modification with the New Jersey family court that handled your original divorce case.
This is because they may now be under the assumption that your circumstances have changed, which no longer warrants the same amount of alimony per month, or alimony payments at all. After all, they may argue under the belief that alimony is meant to serve as a temporary source of financial aid until you, as the recipient, can reach financial independence as a single individual.
What might the court consider for whether cohabitation should influence your alimony?
The New Jersey family court may carefully consider your former spouse’s motion to modify or eliminate your pre-existing alimony order. That is, signs of cohabitation do not always constitute a change. Rather, it may all depend on the following extenuating circumstances:
- Whether or not you and your new romantic partner now share living expenses:
- You split your monthly mortgage or rent payments.
- You split your monthly utility bills, car leases, groceries, etc.
- Whether or not your new romantic partner offers you financial support outside of sharing living expenses:
- You and your new partner open a joint bank account together.
- Your partner makes you an authorized user of their existing credit cards.
- Your partner funds your trips, gifts you with luxury items, etc.
- Whether or not you and your new romantic partner have a stable and permanent living arrangement:
- You have been living together in the same home for a significant duration.
- Your living arrangement is not a temporary solution but rather a long-term plan.
- Whether or not you and your new romantic partner have a serious nature to your relationship:
- You are legally remarried, according to the state of New Jersey.
- You are in a partnership akin to marriage, according to the perspectives of your loved ones.
The first step toward preparing yourself for this legal action is to retain the services of a talented Bergen County family law attorney. Look no further than McNerney & McAuliffe.