Bill > A257

Introduced Session

This bill would amend N.J.S.2A:34-23 to enable the court to modify an alimony award based on changed circumstances resulting from cohabitation of a supported spouse. N.J.S.2A:34-23 defines cohabitation as a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household. The statute sets forth the factors to be considered by the court when assessing whether cohabitation is occurring. The statute also provides that a court may not find an absence of cohabitation solely on grounds that the couple does not live together on a full-time basis. Currently, a court may suspend or terminate an alimony award if a payee cohabits with another person. However, an alimony award may not be modified as a result of cohabitation. Under the bill, the court would be able to modify an alimony award as an alternative remedy to suspension or termination. The factors to be considered by the court when determining whether cohabitation is occurring and whether alimony should be modified, suspended or terminated are enumerated in subsection n. of N.J.S.2A:34-23. Along with these factors, the bill would also require the court to consider whether the recipient of alimony has received an economic benefit from the relationship, and whether the recipient of alimony has supported or subsidized the other cohabitant under circumstances sufficient to entitle the supporting spouse to relief. When modifying the duration and amount of an alimony award as a result of cohabitation, the bill would require the court to consider the degree to which the relationship has reduced the financial needs of the supported spouse. The bill would take effect immediately and would not be construed to modify any provision which relates to cohabitation that has been ordered or agreed upon, or other specifically bargained for contractual provisions that have been incorporated into a final judgment of divorce or dissolution; a final order that has concluded post-judgment litigation; or any enforceable written agreement between the parties.

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Sean Kean (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2018)