Legal Question in Family Law in New Jersey

Co-habitation as it relates to same sex relationships and divorce/alimony

Can a same sex relationship legally be considered as ''co-habitation'' in the courts, and be grounds for the reduction of alimony if taken back to court (post divorce)?


Asked on 11/27/01, 7:00 pm

3 Answers from Attorneys

Edward Weinstein Law Office of Edward R. Weinstein

Re: Co-habitation as it relates to same sex relationships and divorce/alimony

Thank you for your inquiry.

I definitely believe that a same-sex cohabitation scenario may amount to a LEPIS post-Judgment divorce matter. I need to learn more about the economics involved in order to make a full analysis.

Please feel free to contact my office at 732 246 0909 to discuss further.

Very truly,

Edward R. Weinstein

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Answered on 11/27/01, 9:55 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Co-habitation as it relates to same sex relationships and divorce/alimony

I disagree with Mr. Weinstein. Same sex couples are not recognized in law in New Jersey. I think, were you to try to pursue this case, you would have a very high burden to meet. Also, you must check any agreement you made regarding alimony. If your agreement says "cohabitation with an unrelated male" you have already lost your battle.

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Answered on 11/28/01, 5:51 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: Co-habitation as it relates to same sex relationships and divorce/alimony

Both Ms. Finch and Mr. Weinstein may be right. It depends on the circumstances. A closer review of all signed documents and existing Orders needs to be made and discussed with an attorney in the context of your present circumstances. Good luck. Rob Gleaner

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Answered on 11/28/01, 8:55 am


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