Joseph C. Noto Bergen County Divorce Lawyer Alimony and Cohabitation

Joseph C. Noto, a Bergen county Divorce Lawyer, wants the payor of alimony to know of the recent case regarding a change in circumstance as it relates to cohabiation and alimony.  A Divorcee, whose Live-in Boy friend perked up lifestyle, loses alimony.  A divorcee’s plush lifestyle provided by her paramour can be considered when her ex seeks alimony reduction, a state appeals court held on Tuesday in a precedential ruling. The Appellate Division, in Reese v. Weis, A-5557-10, turned aside arguments that the gifts and luxuries lavished by the woman’s live-in lover were outside the equation. “We reject this view and hold that the provision of emoluments, which enhance a dependent spouse’s lifestyle, also equate to a tangible economic benefit from the new living arrangement,” the panel held.  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. They concluded that 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. The court  also finds that 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.  Bergen county divorce attorney, Joseph Noto, says that payors should see a divorce attorney if they are in a similar circumstance and seek a temination of alimony if that is the case.

Alimony, Family Law, New CasesPermalink