Legal Question in Family Law in New Jersey

alimony contested

I am custodial parent of a nine year

old. I plan to move in with my

girlfriend. can my ex husband

contest my alimony if the living

arrangement is a 50/50 split. I do

not gain financially nor do I support

her in any way. Don't the laws

governing alimony state that I and

my child are entitled to live in the

same manner to which we were

accustomed during my 16 year

marriage? I maintain that as long as

I cannot legally marry my female

partner, we are simply roommates

sharing expenses.


Asked on 9/28/08, 3:04 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: alimony contested

As you can see from the responses of the other two attorneys, this could get complicated and your alimony could be at risk.

You should hire a divorce attorney (this is a divorce type problem) and get some answers. This is a developing area of law in New Jersey, Domestic Partnerships are fairly new, and your attorney is going to be able to give you a summary of the existing law, and an opinion of where the law will go with situations like yours.

Please call me if you would like an attorney to assist you. I am in Hackensack, right across from the Bergen County Courthouse.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 9/29/08, 11:50 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: alimony contested

If you don't need and/or use all of the alimony he pays you, he could file for a reduction. If you guys are in a relationship, you can get a DP in NJ so he could make an argument to cut it off all together.

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Answered on 9/28/08, 5:55 pm
Gary Moore Gary Moore Attorney At Law

Re: alimony contested

You are raising a novel question. Cohabitation by a woman with a man who is not her husband can be a basis for terminating alimony. You are descibing the same situation with a female companion. In theory, it is possible your alimony could be terminated for your cohabitation with

your significant other who is a woman.

Call me if you like.

Gary Moore,Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/28/08, 6:55 pm


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