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Alimony Archives

Cohabitation is More than Just Living with Another Person

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The New Jersey courts have long recognized and respected the terms of a marital settlement agreement (MSA) so long as it is valid. They are taken as expressions of the parties' wishes and will honor it as long as there is not a reason to disregard it. A cohabitation provision is often a feature in these agreements. They usually put a limitation on the duration of when alimony shall be paid. 

Does Alimony Stop On Retirement? As Usual in the Law, It Depends.

spouse.jpgA recent New Jersey Appellate Court case, Landers v. Landers, is the first "published" decision to explain how to properly apply the September 2014 changes to New Jersey's alimony laws. The change that the Landers case ruled on was about alimony payments when the spouse with the alimony obligation (the "Obligor") retires. Before the 2014 changes, the Obligor had to show the court "changed circumstances" when applying for a modification or termination of alimony. After the 2014 changes, an Obligor who has attained his or her full retirement age (i.e. age when you can get full Social Security benefits) became entitled to a "presumption" in favor of termination of support - the spouse receiving alimony (the "Obligee") would have to rebut that and explain to the court why the payments should continue.

Cohabitation and Alimony How to Deal with a Sneaky Ex-Spouse

Alimony.jpgFor many people engaged in a bitter divorce, paying alimony may seem like salt in a fresh wound. While alimony was created to allow a financially-dependent spouse to maintain the same standard of living as before the marriage's dissolution for a period of time - some former spouses take advantage of the system by secretly cohabitating with "partners" while still getting support.

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