Old Bridge, NJ asked in Divorce and Family Law for New Jersey

Q: Can I live with my boyfriend if I’m collecting my ex husbands pension? I know I can’t remarry.

We were divorced in NY but I now live in NJ.

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2 Lawyer Answers
Bianca M. Sangiovanni
Bianca M. Sangiovanni pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Neptune, NJ
  • Licensed in New Jersey

A: New York law will apply here. However, under NJ law the pension is an asset of the marriage which is distributed through a Qualified Domestic Relations Order so it is not in the same category as alimony spousal support. Your alimony spousal support may be decreased or terminated if you cohabitate. You should seek the guidance of an experienced Divorce attorney who can review your marital settlement agreement to guide you before you make a decision which could impact your support.

Michael Andrew Conte agrees with this answer

Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: The safer answer is to suggest that you speak with a family law attorney in NY since NY law controls your divorce agreement.

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