Legal Question in Family Law in New Jersey

I'm divorced. I have a boyfriend who is also divorced. He has an apartment which he mostly uses when it is his turn to have his kids. The rest of the time he lives with me in my house. He pays me rent ($500/month). My Ex deducted that amount from the alimony he pays me. He said that our arrangement constituted co-habitation and if i did not agree, he would take me to court.

My boyfriend and I do not co-mingle our monies. He has his and I have mine. He pays his bills and I pay mine. When we go out to eat, he pays the tab. (he is "old fashioned"). He likes to cook and sometimes he brings some groceries to cook dinner.

Does this constitute co-habitation?? Is my EX allowed to deduct money from the alimony?? If so, how much??


Asked on 8/28/15, 9:36 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

There is enough to file a motion to terminate alimony based on cohabitation. How you would fare in such a motion I can not predict. It is all a matter of appearances. Not commingling assets is

in your favor.

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Answered on 8/28/15, 11:06 am


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