Photo: Visual Generation/Adobe Stock 'Temple' of Doom: The Prima Facie Showing of Cohabitation Remains a Mystery
The Family Bar shared a collective "sigh" of relief with publication of the 'Temple' decision.
December 15, 2022 at 10:00 AM
10 minute read
Family Law
This is not an article about the titular star of Steven Spielberg's Indiana Jones, but maybe it should be. Only Harrison Ford's character would be able to navigate the patchwork of decisions that incorrectly and inconsistently construe the prima facie burden needed to establish cohabitation under N.J.S.A. 2A:34-23(n). Indeed, notwithstanding the opinion in Temple v. Temple, 468 N.J. Super. 364 (App. Div. 2021), courts continue to misapply N.J.S.A. 2A:34-23(n) when determining whether a litigant presented a prima facie showing of cohabitation. This showing is the first hurdle for spouses who seek termination or suspension of alimony based upon cohabitation. Unfortunately, the post-Temple decisions continue to misapply N.J.S.A. 2A:34-23(n) by setting an artificially high prima facie burden and ignoring the crux of Temple's holding: that the prima facie burden should not be an insurmountable obstacle akin to Indiana's travails.
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