Alimony, or spousal support, serves as a financial bridge for individuals transitioning from marriage to single life, ensuring that a lower-earning spouse can maintain a standard of living similar to that enjoyed during the marriage. In New Jersey, the dynamics of alimony can be significantly influenced by the subsequent life choices of the recipient, particularly remarriage and cohabitation.
How Does Remarriage Affect Alimony in New Jersey?
In New Jersey, when the alimony recipient remarries, the former spouse’s alimony obligation typically terminates. This assumes that the new marriage provides financial support, reducing or eliminating the need for assistance from the previous marriage. However, any arrears owed before the remarriage remain enforceable, meaning the payor is still responsible for any overdue alimony payments accrued before the recipient’s remarriage.
For the paying spouse, entering into a new marriage does not automatically alter their alimony obligations. The payer’s remarriage is not a valid reason for reducing or terminating alimony payments. However, if the payor’s financial circumstances change significantly after remarriage, they might be able to petition the court for a modification.
How Does Cohabitation Impact Alimony Payments?
Unlike remarriage, cohabitation does not automatically terminate alimony but can lead to a court order ending the payments. The burden of proof lies with the alimony payor to show that such cohabitation exists and justifies modifying or terminating alimony.
If the court determines cohabitation is occurring, it has the authority to suspend or terminate alimony. The reasoning is that the recipient’s financial needs may have changed due to the new relationship, reducing the necessity for continued support from the former spouse.
Can Alimony Be Reinstated if the New Relationship Ends?
Once alimony is terminated due to remarriage, it generally cannot be reinstated, even if the subsequent marriage ends. However, if alimony is suspended or reduced due to cohabitation and the cohabiting relationship ends, the recipient may petition the court to reinstate the original alimony arrangement.
The court will assess the circumstances to decide whether reinstatement is appropriate.
How Do Prenuptial or Settlement Agreements Influence Alimony Termination?
Prenuptial or divorce settlement agreements can include specific provisions regarding the termination or modification of alimony in the event of remarriage or cohabitation. Courts may uphold these agreements, provided they were entered into voluntarily and with full disclosure by both parties.
Individuals should review their agreements to understand how such life events may impact their alimony arrangements.
Flemington Divorce Lawyers at Tune Law Group, LLC Understand the Legal Challenges of Remarriage and Cohabitation
The Flemington divorce lawyers at Tune Law Group, LLC are equipped to provide guidance tailored to individual circumstances, helping clients make informed decisions about their financial futures. Call us today at 908-434-1061 or fill out our online form for a free consultation. Located in Whitehouse Station, New Jersey, we serve clients in and around Hunterdon County, Monmouth County, Whitehouse, and Tewksbury.