Alimony can be one of the most frustrating parts of a divorce settlement, especially if you're making payments to an ex who seems to have moved on. If your former spouse is now living with a new partner, you might be wondering: Do I still have to pay alimony? In New Jersey, the answer isn't always simple—but under the right circumstances, you might be able to reduce or terminate your alimony obligations.

Understanding NJ Alimony Basics

New Jersey recognizes several types of alimony, including open durational, limited duration, rehabilitative, and reimbursement. These payments are designed to provide financial support to a lower-earning spouse post-divorce.

However, alimony isn't necessarily permanent. Significant life changes can trigger a review or modification. One of the biggest triggers? Cohabitation.

What Is "Cohabitation" Under NJ Law?

Cohabitation doesn't just mean living together. According to N.J.S.A. 2A:34-23(n), cohabitation refers to a mutually supportive, intimate personal relationship where the couple shares duties and privileges that resemble a marriage.

It might include:

• Living together full-time or part-time

• Shared finances or household responsibilities

• Recognition of the relationship by family and friends

• Frequent overnight stays

Importantly, your ex doesn't need to be remarried for you to challenge alimony. Cohabitation alone may be enough.

Can Alimony Be Terminated or Reduced for Cohabitation?

Yes—under NJ law, alimony may be modified or terminated if you can prove your ex is cohabiting. Courts will not automatically end alimony, but they will consider:

• How long the cohabitation has lasted

• The nature of the couple's relationship

• Whether they share living expenses

• The impact on the dependent spouse's financial need

If the court determines that your ex is in a stable, marriage-like relationship, it may conclude that continued alimony is no longer justified.

How Courts Decide: Factors They Consider

Courts look at a wide range of factors, including:

• Intertwined finances (joint accounts, shared bills)

• Joint responsibility for living expenses or children

• The length and consistency of the relationship

• Social media, photos, or statements showing the relationship

• Evidence from private investigators or public records

Proving cohabitation isn't easy—but it's not impossible with the right documentation.

How to Prove Cohabitation in NJ

You may need:

• Utility bills or lease agreements showing shared addresses

• Social media posts or photos

• Statements from neighbors or mutual acquaintances

• Private investigator reports

Courts don't need absolute proof. A strong showing of evidence can shift the burden to your ex to disprove the cohabitation claim.

What You Can Do Now

File a Motion to Modify or Terminate

If you suspect your ex is cohabiting, consult with a family law attorney and file a motion to modify or terminate alimony. The court may schedule a hearing to examine the evidence.

Tip: Do not stop paying alimony on your own. Missing payments could lead to legal penalties.

Get Legal Help Before You Stop Paying

New Jersey courts take alimony obligations seriously. If you think your ex is abusing the system by living with a partner while still collecting alimony, you have rights — but you need to follow the proper legal channels.

Villani & DeLuca, P.C. has decades of experience helping clients in Ocean and Monmouth County challenge unfair alimony arrangements. Our attorneys can help you gather evidence, file the proper motions, and represent your case in family court. Contact us today at (732) 751-4991 for your free first consultation.