Alimony & Spousal Support

MOTION TO TERMINATE ALIMONY BECAUSE OF WIFE’S COHABITATION

In the family law, alimony termination case of Islam vs. Davis 20-2-1733, N.J. Supper App. Div. the plaintiff appealed from the denial of his motion to terminate alimony or reduce his alimony obligation. The parties were married in 1983, had two children and divorced in 2001. The property settlement agreement provided that plaintiff would pay permanent alimony.

At the time of the divorce, the defendant was a full-time caretaker for the children, but anticipated that she would finish her Ph.D. and seek employment, and in 2009, she took a position as an assistant professor. In 2014, defendant filed to terminate or modify his alimony obligation because of defendant’s alleged cohabitation. Defendant denied that she lived with her boyfriend and asserted that they had not shared income or expenses. The trial judge determined that plaintiff had not established a prima facie case of cohabitation and denied his motion.

On appeal, plaintiff argued that the trial court should have found a prima facie case or should have ordered discovery and conducted a plenary hearing.

The court found that the plaintiff did establish a prima facie case of cohabitation since defendant conceded that boyfriend resided in her home from October 2011 to February 2015 and moved out after plaintiff filed his motion to terminate.

Reference: Case & Analysis, New Jersey Law Journal, 222 N.J.L.J. 3647, (November 14, 2016)

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