Cohabitation Under NJ Law: Can You Stop Paying Alimony?
Cohabitation Under NJ Law: Can You Stop Paying Alimony?
Let’s get to the truth.
Your ex and her boyfriend are now living together full time.
You know it’s true because:
Your kids mention “Jim” lives there.
You see his Audi in the driveway every time you drop them off.
You feel like it’s bad enough you’re paying so much alimony already — but now you’re basically supporting him too?
Naturally, you want to know:
Can you just stop paying her alimony because she’s living with her boyfriend?
The answer?
No. Not yet.
First, you need a court order ending your alimony obligation.
No — there is nothing automatic about this process.
New Jersey’s cohabitation laws are complicated.
Your case isn’t the same as anyone else’s.
That’s why you need a Superior Court Family Court judge to apply NJ law to the specific facts of your situation.
New Jersey law provides:
“Alimony may be... terminated if the recipient of alimony cohabits with another person.”
Sounds simple? It’s not.
Cohabitation is legally defined as:
"... a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage."
To win, you need to prove: ✅ The relationship is mutually supportive, intimate, and personal
✅ Specific duties (like sharing household tasks, financial responsibilities)
✅ Specific privileges (like social recognition as a couple, shared expenses)
✅ The length and depth of the relationship
Simply "knowing" they’re living together is not enough.
In my practice, I’ve handled dozens of cohabitation cases. Here are a few lessons:
Case #1:
The investigator was sloppy — no specific facts, no credibility. The judge didn’t buy it. Lesson? Hire the right investigator.
Case #2:
They had good surveillance but couldn’t prove intimacy or mutual support. We flipped it to show the "boyfriend" was just a friend. The case folded. Lesson? Strategy beats surveillance alone.
Case #3:
Excellent proof, plus social media bragging. We negotiated — avoided a $50,000 retroactive repayment and kept payments until year-end. Lesson? Even strong cases need smart negotiation.
If you want to win a cohabitation case:
Hire a competent investigator.
Work with an experienced NJ divorce lawyer.
Develop a creative trial strategy based on your unique facts.
This is not a do-it-yourself project.
The sooner you get expert guidance, the better your chance of ending alimony.
I’ve specialized in NJ divorce law for 37 years.
Cohabitation cases are complex, but with the right approach, they can succeed.
📞 Call my personal assistant, Valerie, at (732) 845-9010 to schedule your strategy session with me personally.
We’ll go over: ✅ Your current situation
✅ The right investigative approach
✅ Creative legal strategies for your case
✅ What you can realistically expect in court
Just a direct call to my office to start building your case.
“I thought I had no chance. Steve’s strategy flipped the case completely.”
— J.D., Colts Neck
“The investigator I had was useless until Steve showed us what to focus on.”
— R.P., Freehold
“I couldn’t believe how complicated it was — but Steve’s guidance made it simple.”
— T.M., Manalapan
I hear this all the time:
“I wish I had started this process sooner.”
Don’t let that be you.
📞 Call Valerie at (732) 845-9010 now to book your personal strategy session.
Every day you wait is another day paying alimony you might not have to.
I look forward to helping you.
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing in Divorce
In Monmouth County