Once alimony has been awarded, NJ law allows for a modification upon a showing by the payor that the recipient is cohabitating and realizing an economic benefit from doing so. Prior decisions have focused on the economic impact of the recipient’s new relationship and have not required actual cohabitation for relief to be granted. This recent decision underscores the need for the court to asses the nature of the new relationship and determine if it is akin to a marriage and thereby warranting a modification of the alimony award. Litigants on both sides of the alimony equation need to keep this decision in mind as time moves on and new relationships develop.
FAMILY LAW 20-2-9867 Reese v. Weis, App. Div. (Lihotz, J.A.D.) (46 pp.) At issue in this matter is whether defendant received a substantial economic benefit as a result of her cohabitation, such that alimony should be terminated. We conclude the inquiry regarding whether an economic benefit arises in the context of cohabitation must consider not only the actual financial assistance resulting from the new relationship, but also may weigh other enhancements to the dependent spouse’s standard of living that directly result from cohabitation. We also find a trial judge’s exercise of discretion when determining whether to modify or terminate alimony may properly evaluate the duration of the new relationship and assess its similarities to the fidelity associated with marriage.
