NJSBA Bar Report logo. Credit: New Jersey State Bar Association;

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Key Case Clarifies Prima Facie Cohabitation Requirements—New Jersey Supreme Court Adopts NJSBA Amicus Recommendations

The state Supreme Court unanimously held that a movant is not required to present evidence on all cohabitation factors set forth in case law and the statute to make a prima facie showing of cohabitation when seeking termination of alimony. The New Jersey State Bar Association urged this result as an amicus party in the matter of Cardali v. Cardali. Immediate Past NJSBA President Jeralyn L. Lawrence argued before the Court, relying on the brief authored by Lawrence, Past Family Law Section Chair Derek M. Freed, NJSBA President Timothy F. McGoughran, Catherine Murphy and Brian G. Paul.