Current Cohabitation Trends and Issues in New Jersey

Alimony recipients are asking this question: To cohabit or not to cohabit? That is the question. What is the answer in New Jersey? The answer is, "who knows"? 

This course will discuss the state of the law of cohabitation in New Jersey in an ever-changing landscape. Since the amended New Jersey alimony statute went into effect on September 10, 2014, much discussion has occurred regarding the law's impact on the issue of cohabitation. Much post-amendment case law has focused on whether the amended statute or pre-amendment case law should apply in a given case. 

There are relatively few published decisions to guide New Jersey family law practitioners and litigants as to what should happen to a payor's alimony obligation under the statute in the event of a payee's cohabitation. In addition thereto, whether a payor has established a prima facie case of cohabitation requiring the discovery and a plenary hearing has been the subject of much dispute and contradictory/confusing Court decisions. 

This course will focus on the state of cohabitation law in an ever-changing post-statutory landscape. After reading the state of the current case law, you may come to the same conclusion as to cohabitation as that famous U.S. Supreme Justice's quote on pornography: "I can't define it - I only know it when I see it."

Learning Objectives:

1. Identify applicable caselaw and statutory factors
2. Prepare clients for proofs necessary for prima facie case
3. Discuss with clients how to avoid social media posts
4. Assess settlement positions and discovery demands.