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My exwife and boyfriend share an illegal 2 family house. Is this cohabitation?

Hasbrouck Heights, NJ |

My exwife and boyfriend share an illegal 2 family house in NJ. He does not stay in his apartment but with her every night. Of course unless I have cameras I can not prove it, but I do know it to be completely true. The reason for the two rentals is so alimony isn't reduced. Due to the fact that the rental is technically according to law illegal and therefore a single family home can alimony be reduced on that basis? This arrangement has been a year.

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Attorney answers 1


There are not enough facts to determine whether you will be successful but generally speaking, cohabitation is considered a changed circumstance which would allow for a review of your support obligations.
Cohabitation occurs when there is “an intimate relationship in which the couple has undertaken duties and privileges that are commonly associated with marriage,” which include but are not limited to “living together, intertwined finances such as joint bank accounts, sharing living expenses and household chores, and recognition of the relationship in the couple's social and family circle.” Konzelman v. Konzelman, 158 N.J. 185, 202 (1999). In addition, cohabitation requires “stability, permanency and mutual interdependence.” The court must evaluate whether the relationship “bears the ‘generic character of a family unit as a relatively permanent household.’ “ Gayet v. Gayet, 92 N.J. 149, 155 (1983) Furthermore, “[c]ohabitation is not defined or measured solely or even essentially by ‘sex’ or even by gender.” Konzelman, supra, 158 N.J. at 202.

I would suggest you consult with an attorney before you bring an application for modification.

IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.

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