After a divorce, living on your own can be challenging and overwhelming, especially if you have been married for many years. That is why, for many, cohabitation seems like the ideal living situation. However, in New Jersey, deciding to cohabitate with someone can have implications for various aspects of your life, including alimony and child support. If you are planning on cohabitating with someone after a divorce, you need to know how it can impact your life.
Key Takeaways
- Cohabitation refers to living together in a romantic relationship without legal marriage, sharing household and financial responsibilities.
- Changes in financial circumstances due to cohabitation can indirectly affect child support calculations and may lead to modifications or termination of alimony payments.
- It’s crucial to consult with a divorce lawyer in New Jersey before deciding to cohabitate post-divorce to understand potential consequences and options.
What is Cohabitation?
Cohabitation refers to living together in a romantic relationship without being legally married. It involves two individuals sharing a household and often combining their finances and other aspects of their lives. Cohabitation can occur for various reasons, including testing compatibility before marriage, personal preferences, financial considerations, or cultural norms. While cohabiting couples may have many of the same rights and responsibilities as married couples, such as sharing household expenses and making joint decisions, they do not have the legal status or protections afforded to married couples.
Implications of Cohabitation in New Jersey After a Divorce
Without having gone through a divorce, cohabitation offers many benefits, which will be discussed in a moment. However, if you decide to cohabitate after a divorce, there will be implications, particularly in matters related to alimony or spousal support.
Let’s look at the areas that may be influenced by the decision to cohabitate with someone after a divorce:
Alimony
If you are reliant on alimony, then this is something of which you need to be aware. Cohabitation can be grounds for modifying or terminating alimony payments. If the recipient of alimony begins cohabiting with a new partner, the paying spouse may petition the Court to modify or terminate the alimony obligation. Courts will consider factors such as the financial interdependence of the cohabiting couple, the duration of the cohabitation, and the extent to which the cohabiting relationship mimics a marriage.
Child Support
Children can also be impacted by cohabitation, as child support payments will be indirectly affected. For instance, if cohabitation leads to decreased expenses, it could impact child support calculations. However, due to child support being based on the needs of the child, alongside the financial circumstances of the parents, the implications here are less than what may happen to alimony payments.
Child Custody
Cohabitation may impact child custody arrangements if it affects the well-being or stability of the children involved. Courts will consider factors such as the quality of the cohabiting relationship, the impact of the cohabitation on the children’s routines and stability, and the ability of the cohabiting partner to provide a safe and nurturing environment for the children.
Property Division
Cohabitation after a divorce may not directly impact property division since assets acquired after the divorce are typically considered separate property. However, if cohabitation leads to the commingling of assets or joint ownership of property, it could complicate property division issues in the event of subsequent legal disputes.
Benefits of Cohabitation
Although cohabitation can have an impact on alimony, child support, and other things, there are also benefits that should be considered. Those benefits include:
Financial Benefits
Living alone with a single monthly wage can be difficult in today’s world, especially for parents who are newly divorced. Sharing living expenses with someone else is a savings. That is why many cohabitating couples opt to split rent or mortgage payments, utilities, groceries, and other household expenses, allowing each partner to enjoy a higher standard of living with less financial strain.
Emotional Support and Companionship
Loneliness and overwhelm is common after a divorce. Choosing to cohabitate with another can relieve some of the stress. Living together provides constant companionship and emotional support, fostering a deeper bond between partners. Sharing daily experiences, challenges, and joys can strengthen the relationship and promote feelings of intimacy and closeness.
Convenience and Practicality
Lastly, cohabitation offers practical benefits in terms of convenience and logistics. Partners can coordinate schedules more easily, share household chores and responsibilities, and provide mutual assistance in managing daily tasks and errands.
Contact a Trusted Advocate from Ziegler Law Group, LLC Today
Deciding to cohabitate after a divorce is a decision that should not be made lightly, as there could be implications for child and spousal support. If you are considering cohabitating, it is best to meet with a divorce lawyer in New Jersey first to discuss your options and any possible consequences. Talk to the compassionate and knowledgable team at Ziegler Law Group, LLC today. We have years of experience and can help you navigate this trying time. Give us a call at 973-533-1100 or fill out the online form to schedule your free consultation.
