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Is there a certain amount of days that my boyfriend can stay over without it being considered cohabitation?

Lakewood, NJ |
Filed under: Alimony

My ex hired a Private Investigator to try to prove that my boyfriend lives with me so he can stop spousal support. I never denied that my boyfriend stays at my house a few nights a week.Is there a certain amount of days that he can stay without it being considered cohabitation?

Attorney Answers 5


  1. Hello,
    It is not the amount of days that will be relevant, but whether your ex can prove that your current boyfriend pays for bills or food in your household. Also, as long as your boyfriend has his own home, and gets his mail at his own home, cohabitation will be almost impossible to prove.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  2. Cohabitation is a much an economic analysis as it is an overnight stay analysis. The frequency of the overnight stays is not determinative.

    This post is not legal advice and does not create a confidential attorney-client relationship. It is being offered for informational purposes only. You should not relay any confidential or priviliged material in this public forum. You should not rely on this post as legal advice. In order to obtain a more comprehensive answer to your question you should consult with an attorney of your choosing.


  3. It is fact sensitive so no amount of overnights trigger a reduction. An attorney can explain your potential exposure to you in detail.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed


  4. The crux of your ex attempting to prove cohabitation to reduce or terminate his support for you is whether or not you derive an economic benefit from the presence of your current boyfriend in your home. If you are not sharing bank accounts or helping each other pay bills on your home, your ex is probably barking up the wrong tree. That said, there may be facts regarding this matter to which I am not privy and as such my answer could change depending on new information.


  5. The other attorneys who responded to your question are correct in that "cohabitation" in connection with alimony modification cases is as much a financial analysis as one of whether your boyfriend stays at your home (or you at his) several nights per week. I recommend consulting with an experienced Family Law attorney who can discuss the specific facts and circumstances involved in your matter with you more in-depth and can guide you accordingly. The articles located at the link below may also offer some additional information. Best of luck to you!

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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