- posted: Jan. 15, 2026
- Family Law
Most divorcing spouses want to go in different directions once their marriage is dissolved, but if one is paying alimony to the other, they could be back in court years after their divorce was finalized. A common dispute over spousal support occurs when the paying party accuses their ex of cohabiting with a new partner. Under New Jersey law, cohabitation is cause to halt alimony obligations, but nailing down exactly what constitutes cohabitation can be a complex, highly contested matter.
Incorporating analysis from the Appellate Division in Konzelman v. Konzelman, New Jersey law lists a series of factors to evaluate whether an alimony recipient’s new relationship constitutes sufficient cohabitation to stop payments from their ex. The following information is to be considered:
Intertwining of finances, such as the sharing of living expenses
Recognition of the couple’s relationship by friends and family
Frequency of time staying in the same residence
Duration of the relationship
Enforceable promises of support
The New Jersey Supreme Court Cardali v. Cardali addressed a case where a man sought to terminate spousal support to his ex-wife based on her purported eight-year relationship with a new partner. Mr. Cardali alleged that the bond between his former spouse and Bruce McDermott was tantamount to marriage. A private investigator that he hired found that his ex was with McDermott on all 44 days of surveillance. While at each other’s residences, Ms. Cardali and McDermott engaged in various domestic activities indicative of a close long-term relationship, such as bringing groceries inside and carrying laundry. The investigator also reported that the Ms. Cardali had access to McDermott’s home when he was not present.
When Mr. Cardali sued, both the trial court and Appellate Division denied his attempt to obtain information about whether the facts supported a finding of cohabitation because he had not presented evidence that all of the factors were present. However, the New Jersey Supreme Court reversed this decision, holding that a movant need not present evidence addressing every cohabitation factor to make a prima facie showing. Instead, if the movant’s certification addresses some relevant factors and is supported by competent evidence that, if unrebutted, would warrant a finding of cohabitation, the trial court should allow discovery to proceed.
One reason for this decision is because without formal discovery, it can be very hard to prove whether an alimony recipient and their new partner have intermingled their finances or made promises regarding support. Credible surveillance and circumstantial evidence of a marriage-like relationship can be sufficient to justify the production of bank records and other relevant materials.
If you believe that your former husband or wife is no longer entitled to spousal support because they are cohabiting with someone else, Rehrer & Rehrer Attorneys at Law can review the facts and advise whether legal action is warranted. We also represent recipients seeking to maintain existing alimony terms. Please call 732-279-0044 or contact us online for an appointment. New clients can receive a free consultation. Our office is in Toms River.
- posted: Jan. 15, 2026
- Family Law
Most divorcing spouses want to go in different directions once their marriage is dissolved, but if one is paying alimony to the other, they could be back in court years after their divorce was finalized. A common dispute over spousal support occurs when the paying party accuses their ex of cohabiting with a new partner. Under New Jersey law, cohabitation is cause to halt alimony obligations, but nailing down exactly what constitutes cohabitation can be a complex, highly contested matter.
Incorporating analysis from the Appellate Division in Konzelman v. Konzelman, New Jersey law lists a series of factors to evaluate whether an alimony recipient’s new relationship constitutes sufficient cohabitation to stop payments from their ex. The following information is to be considered:
Intertwining of finances, such as the sharing of living expenses
Recognition of the couple’s relationship by friends and family
Frequency of time staying in the same residence
Duration of the relationship
Enforceable promises of support
The New Jersey Supreme Court Cardali v. Cardali addressed a case where a man sought to terminate spousal support to his ex-wife based on her purported eight-year relationship with a new partner. Mr. Cardali alleged that the bond between his former spouse and Bruce McDermott was tantamount to marriage. A private investigator that he hired found that his ex was with McDermott on all 44 days of surveillance. While at each other’s residences, Ms. Cardali and McDermott engaged in various domestic activities indicative of a close long-term relationship, such as bringing groceries inside and carrying laundry. The investigator also reported that the Ms. Cardali had access to McDermott’s home when he was not present.
When Mr. Cardali sued, both the trial court and Appellate Division denied his attempt to obtain information about whether the facts supported a finding of cohabitation because he had not presented evidence that all of the factors were present. However, the New Jersey Supreme Court reversed this decision, holding that a movant need not present evidence addressing every cohabitation factor to make a prima facie showing. Instead, if the movant’s certification addresses some relevant factors and is supported by competent evidence that, if unrebutted, would warrant a finding of cohabitation, the trial court should allow discovery to proceed.
One reason for this decision is because without formal discovery, it can be very hard to prove whether an alimony recipient and their new partner have intermingled their finances or made promises regarding support. Credible surveillance and circumstantial evidence of a marriage-like relationship can be sufficient to justify the production of bank records and other relevant materials.
If you believe that your former husband or wife is no longer entitled to spousal support because they are cohabiting with someone else, Rehrer & Rehrer Attorneys at Law can review the facts and advise whether legal action is warranted. We also represent recipients seeking to maintain existing alimony terms. Please call 732-279-0044 or contact us online for an appointment. New clients can receive a free consultation. Our office is in Toms River.
