If your ex-spouse has a friend with benefits, you still may be responsible for alimony~

A recently New Jersey unpublished Appellate Division case decided January 18, 2018discussed the issue of cohabitation of an ex-spouse receiving alimony in DONNA JEAN KAFADER v. LOUIS G. NAVAS.

In this case, the parties' entered into a settlement agreement at divorce, which contained a provision for termination of alimony: “"until the death of either party or the remarriage of [plaintiff]." After the settlement was signed, Defendant, Louis Navas alleged that Plaintiff, Donna Kafader, began a new cohabitation relationship. In addition, Defendant alleged that he was earning significantly less income than he earned when the settlement agreement was entered. In support of his application to terminate alimony, Defendant submitted photographs of Plaintiff and her new paramour (boyfriend or girlfriend), and Defendant submitted income information.

The trial court denied the application for termination of alimony because the court found the clause in the settlement agreement to clearly address the issue. The court relied on the New Jersey Supreme Court decision in Quinn v. Quinn, 225 N.J. 34 (2016), concluding that it must enforce the settlement agreement, based on its interpretation, modification was not authorized absent "death or remarriage."

The appellate court disagreed. Although the appellate court did not find Defendant maintained his burden because Defendant's claim was only supported by hearsay statements and pictures, the court found the agreement was silent on the issue of cohabitation. Further finding that "the law permits a supporting spouse to rely on cohabitation as a changed circumstance supporting the termination or modification of alimony." The appellate court reversed on the basis of change circumstances in Defendant's income.

This opinion is not binding, the opinion is unpublished and therefore cannot be relied upon. However, it is important to understand when bringing an application to terminate alimony based on cohabitation, merely proving your ex has a friend with benefits is insufficient. As shown in this case, providing pictures and hearsay statements did not sustain the burden of making a prima facie case for changed circumstances.

New Jersey case law speaks to the concept of cohabitation being more than emotional. There must also be economic dependency as well. Proving this may be difficult, and I suggest reaching out to an experienced attorney.

If you have any questions or comments please feel free to contact me directly.