The effect of a final judgment of divorce in a New Jersey marital dissolution (divorce) means that the dissolution moves into a post-judgment phase. While a final judgment will provide orders addressing all issues in the divorce including child custody, visitation, property division, debt division, spousal support, child support and any other issues raised. Both parties of the dissolution are obligated to comply with any orders in the judgement. However, some orders can be subjected to modification or termination if a material change of circumstances is established. Cohabitation may be a factor that constitutes a material change in circumstances and may justify a modification of spousal support (alimony) and even custody arrangements.
The original order of spousal support may be intended to be of limited duration or permanent and can be a form of reimbursement or for rehabilitative purposes. Factors that the court will consider in making the original spousal support order include: actual need; ability to pay; duration of the marriage; age of the parties; the physical and emotional health of the parties; the standard of living that was established during the marriage; earning capacities and employability of each party; educational and vocational levels; length of absence from the job market; parental responsibilities; the equitable distribution of property; and other factors.
Cohabitation refers to a situation where the spouse is living with a new partner. The primary element of cohabitation is the sharing of residence by two people who are a couple but not married. Such cohabitation may serve the purpose of testing compatibility or may simply represent a new emotional or intimate relationship. The effect of cohabitation is that it results in the sharing of financial obligations. The party that is paying spousal support may be successful in pursuing a motion based on the position that cohabitation by one’s former spouse constitutes a material change in circumstances. If the court finds a material change in circumstances, the court may modify or terminate the original order because cohabitation typically involves additional financial support and reduced financial need by the supported former spouse.
The effect of cohabitation can also affect a custody arrangement if the court finds that the original timeshare is no longer in the best interest of the child. The best interest of the child standard involves consideration of a number of factors including which parent is most likely to support the physical, emotional, and mental stability of the child as well as provide a suitable and wholesome atmosphere that will keep the child safe from harm. If the court determines that cohabitation with another person after the judgment of dissolution is detrimental to the welfare of the child, the court may find a basis for modifying an earlier timeshare order.
The point is that a “final” divorce judgement may not be an actual conclusion to your divorce. A sufficient change of circumstances may lead to a modification or termination of the original alimony and/or child custody orders.
If you are unhappy with the alimony or custody orders in your divorce and think there has been a material change in circumstance, you should contact our New Jersey divorce law firm today.
