Q: Can alimony stop if your ex has been living with another man for 5 years. She tells people they are married.
My brother is divorced from his wife. They were married for over 20 years. He pays her monthly alimony. She has been living with another man for over 5 year. They travel together, her mail goes to his house and they tell everyone they are married. When her son asked her why they just don't get married,,, she told him I will lose the money from your father. Is saw this on a web site "You may get alimony until you remarry, live with someone as though you are married (cohabitation)"
How do we get the alimony to stop. He is poor living with my mother and she is traveling all over the place with her sugar daddy.
A: Alimony can be suspended or terminated in the event that the recipient is cohabitating with someone in a relationship akin to marriage. These are complex cases that require a careful approach. Your brother should have a consultation with a qualified matrimonial attorney immediately.
Hi, thank you for your question. I can see why this is very frustrating. In NJ, alimony can be reduced or terminated if the party receiving it can be shown to be "cohabitating" which means they have a shared financial life. They do not have to be officially living together, and many times both people maintain separate residences. You can seek relief by filing a motion.
There are 8 factors that determine cohabitation. You don't have to prove all 8, but a Judge must consider them in deciding whether the relationship is the equivalent of a marriage. The factors are; intermingled finances, shared responsibility for living expenses, recognition of the relationship within the couple's family and social circle (social media posts are a good way to show this), living together and frequency of contact, shared household chores, whether the alimony recipient has an enforceable promise of support from another individual, the length of the relationship, any additional relevant evidence. This all comes from the Alimony Reform Act of 2014.
There are a variety of ways to prove each of those factors. The best thing to do is to consult with an experienced family law attorney who will know exactly how to present your circumstances to the court to get the best outcome possible. You can also request counsel fees as part of your motion due to her intentional actions in trying to conceal her situation from you. There are no guarantees, but it is an appropriate request. Good luck!
A: Your brother needs to meet with an experienced divorce lawyer to discuss the laws governing cohabitation and the termination of an alimony obligation. If he is paying alimony and she is living with another man, he may have a strong argument for a termination application.
A: You need to retain an experienced matrimonial attorney to file a motion for termination of alimony and seek reimbursement of anything that you should not have paid. . You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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