Cohabitation Excluded From Property Settlement Agreement Fails To End Alimony

Frick v. Frick was a post-judgment application to terminate alimony based on co-habitation. The parties divorced in 2009 with the court making no findings with regard to alimony, equitable distribution or other matters. The terms of the divorce were set forth within a Property Settlement Agreement (PSA) which both parties testified they entered into freely and voluntarily. Beginning in 2013, Shari Frick began co-habitating with another man and Glen Frick sought termination of his 10-year alimony obligation. The New Jersey Superior Court judge hearing the case terminated alimony, with certain exceptions. The NJ Appellate Division reversed the decision of the trial court finding that co-habitation is a forseeable occurrence after divorce and the parties failed to include it as a reason to terminate alimony under their Agreement. In light of the fact that the parties included death and remarriage as events which would serve to terminate alimony, the NJ Appellate Division found that, had they intended it to be a trigger for termination of alimony, the parties would have included co-habitation in their PSA. When divorcing, by way of agreement or trial, it is critical that the agreement or judgment be as detailed as possible in order to avoid misunderstandings or misinterpretations. If you are seeking a reduction of alimony based on co-habitation of your former spouse, it is critical that you obtain an experienced divorce attorney to assist you with your matter. For more information about alimony termination, co-habitation, divorce, property settlement agreements or other family law matters visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.