Terminating alimony, or the denial of a claim for alimony based on cohabitation by the payee, has always been a problematic area of the law. Payees attempting to perpetuate alimony often simply avoid remarriage and carry on a serious relationship with a cohabitant while conducting themselves in a manner so as to skirt the legal definition of cohabitation.

Recognizing this issue, in 2014, the New Jersey Legislature enacted N.J.S.A. 2A:24-23n, which broadens the legal definition of cohabitation. Unfortunately, not one reported case has been issued on the question of exactly what constitutes "cohabitation" under the new statute since its enactment.

While there have been attempts to address what constitutes a prima facie case necessary to obtain discovery from an alleged cohabitant or payee, the bar continues to await the court to weigh in on what must be established at final hearing to prove cohabitation. See Landau v. Landau, 461 N.J. Super. 107 (App. Div. 2019); Temple v. Temple, A-0293-20 (App. Div. 2021).  Despite a lack of case law, we believe there is a road map for establishing cohabitation under the new statute.