Residents of New Jersey who receive spousal support after going through a divorce should understand some of the basics of family law. For example, an ex-spouse may be exempt from paying alimony if the receiver of the money enters into a live-in relationship with another person.
A case like this was brought to court by the ex-partner of a Morris County, New Jersey, woman who was alleged to be in a relationship with another man. The woman and her ex were married for 14 years until they got divorced in 2009, and the man was ordered to pay alimony until 2019. In 2011, the woman was taken to court by the man, who wanted to stop paying alimony because he believed the woman's boyfriend had moved in with her.
The ex-husband hired a private investigator to monitor his ex-wife. The man allegedly discovered that the boyfriend spent most of his time at his ex-wife's home, had a full closet of clothes there, helped out with the children and small errands and went away on vacation with the woman and her children. There were even pieces of mail allegedly addressed to the boyfriend found in the woman's mailbox.
However, the ex-wife claimed that although she was in a relationship with another man, they were not cohabiting as alleged by her ex-husband. She states that her ex-husband was only bringing the case to court as a matter of revenge. Last week, a state appellate court threw the case out, apparently disagreeing with the ex-husband's assertions and ruling that he must continue to make alimony payments.
New Jersey residents should be aware of their legal rights when it comes to paying or receiving spousal support. Once an agreement to make payments has been reached, these payments must continue unless one party breaks the rules of the agreement or a court ordered modification is approved.
Source: NJ.com, "N.J. court: Ex-husband must continue paying alimony to wife, despite her having a boyfriend," Jeanette Rundquist, Sept. 11, 2012