QUESTION
Can I terminate term alimony based on cohabitation?
Asked on Jul 21st, 2013 on Divorce - New Jersey
More details to this question:
In the Marital statement agreement under the spousal support section it states, "Termination of alimony if the wife's remarriage and/or cohabitation with a paramour. I was under the impression based on what she told me that she moved into her own apartment but later found out that she moved in with her boyfriend in actuality.
1 ANSWER
2 Awards
You will have to have proof that she is living with someone else. It will have to be enough to prove to the court that she is co-habitating and therefore under the agreement you can stop alimony. You can take the chance, if you have that proof, and stop paying alimony, but if she brings you to court, and you don't have the proof, you will have to not only pay the back alimony, but also her court fees.
Answered on Jul 23rd, 2013 at 6:22 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship