From The National Law Review: Alimony in New Jersey is subject to modification, suspension or even termination if an alimony payor can show that their former spouse is cohabitating.
Some cohabitating former spouses delay or forego marriage by design, knowing that their alimony will cease if they take the next step and remarry.
In order to counteract this possibility, the legislature in New Jersey has enacted a law which allows alimony payors to seek to have their alimony obligation decreased, suspended, or even terminated if they can prove that their former spouse is cohabitating.
[T]he burden is on the alimony payor to prove that the cohabitation is occurring and that the cohabitation is a substantial change in the financial circumstances from which the alimony was based.While prior caselaw had given the impression that trial courts should only allow discovery if a high burden of proof was initially satisfied and the alimony payor independently obtained substantial evidence, Temple now appears to have lowered that bar substantially.
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