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Robin Jill Schneider Robin Jill Schneider
New Jersey Supreme Court Certified Matrimonial Attorney

How can you show your ex-spouse no longer needs alimony?

Your alimony payments to your ex-spouse in Matawan are not meant to be punitive in any way. Rather, the fact that you are paying alimony is simply a recognition that your ex-spouse is not in the position to enjoy the same standard of living you achieved while married, and that your assistance is needed until they are able to reach that point again on their own. However, they may come to rely on what you pay in alimony as income, and thus may attempt to remain in a situation where you continue to be obliged to pay it. 

That may mean remaining unmarried even after entering into a relationship with another. Them being supported by another offers the court reason to terminate your alimony obligation. Yet your ex-spouse may think that if they do not marry their new partner, you will still have to pay them alimony. The court offers a way, however, for you to terminate your obligation on your own by proving that they are indeed in a supportive relationship. 

Section 2A:34-23 of New Jersey's state statutes says that the court will consider the following factors when deciding whether or not your ex-spouse's new cohabitating relationship is supportive: 

  • The degree to which they and their new partner have combined their assets and liabilities 
  • If the two share their living expenses
  • The way they portray the nature of their relationship to others
  • Whether or not they live together and share household responsibilities
  • If they have received an enforceable promise of support from their new partner

On top of the realities of their current living situation, you may be able to use content shared on social media as evidence of cohabitation. This should not be viewed as legal counsel, but rather tips on helping support your claims. 

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