Drescher & Cheslow Blog Cohabitation Clause In Divorce Settlement Agreement Will Be Enforced By NJ Courts

Cohabitation Clause Monmouth County A precedential ruling has been handed down by the New Jersey Supreme Court on May 3, 2016 enforcing a settlement agreement between divorced spouses that provided that alimony would terminate when the recipient of the alimony payments resided with another man, also known as "cohabitation". In a 4-2 ruling, the majority upheld a property settlement agreement that mandated the termination of alimony for a woman who lived with another man for a little more than two years after she divorced her husband of 23 years. Appellate Division Judge Mary Cuff, writing the Court's opinion in Quinn v. Quinn, said both divorcing spouses in this case voluntarily entered into the property settlement agreement and that both were represented by counsel at the time. "Marital agreements, including PSAs that clearly and unequivocally provide for the termination of alimony upon cohabitation, are enforceable when the parties enter such agreements [...]The post Cohabitation Clause In Divorce Settlement Agreement Will Be Enforced By NJ Courts appeared first on Drescher & Cheslow.