New Jersey Divorce Lawyer Blog
When a marriage ends, the period of separation and divorce can be tumultuous, emotional, and legally complex. One key decision that can significantly influence both the legal outcome and emotional well-being of those involved in a New Jersey marriage dissolution case is whether to live with a significant other during this time. There are a number of facts and factors to bear in mind when it comes to living with a significant other during divorce.
Negative Impact on Custody and Parenting Time
In a New Jersey divorce proceeding, the best interest of the child is the paramount consideration when determining custody and parenting time arrangements. Introducing a new partner into the household, especially during an ongoing divorce, can raise red flags in the eyes of the court. Judges may question the stability of the child’s living environment, the character of the new partner, or whether the cohabitation is confusing or even potentially emotionally harmful to the children.
In some cases, the presence of a new partner can be used by the other parent to argue for limited custody or supervised parenting time. This particularly is the case if the romantic partner has a questionable background or if the transition for the children has not been handled with care.
Jeopardizing Spousal Support Claims
If a divorcing spouse is seeking alimony, cohabiting with a significant other can lead to a reduction or even a complete denial of spousal support or alimony. Courts often look at the financial interdependence of the cohabitating couple. If the new partner is contributing to household expenses or providing support, judges may determine that the requesting spouse no longer has the same level of need.
Even the appearance of financial support can be damaging in contested spousal support hearings, and it may complicate negotiations that otherwise could have been resolved amicably.
Inflaming Hostilities and Undermining Settlement Negotiations
Divorce is not just a legal process. Divorce also appropriately can be called a human one. It is a legal process fully charged with emotion.
Living with a significant other while still technically married can be perceived by the soon-to-be ex-spouse as disrespectful or even provocative. This can increase bitterness, prolong litigation, and sabotage efforts at amicable settlement of a New Jersey divorce case.
What might have been a relatively cooperative divorce can quickly become adversarial, with both parties digging in their heels over finances, property, or child custody—leading to higher legal fees and emotional wear.
Complicating Division of Marital Property
Living with a significant other during divorce can also impact how the court views the division of assets in some instances. For example, if marital funds are used to support the new household or benefit the new partner—such as paying rent or buying furniture—it could be considered dissipation of marital assets. The court may require reimbursement or adjust the final distribution of property to reflect the misuse of shared resources.
Even without clear dissipation, any sign of financial mingling with a new partner can invite unwanted scrutiny and complicate otherwise straightforward property settlements.
Fueling Allegations of Adultery or Marital Misconduct
In states where fault-based divorce is still recognized, living with significant other during divorce can give rise to claims of adultery or marital misconduct. In some jurisdictions, this can influence the division of property, alimony awards, and even custody decisions.
Even in no-fault states, the emotional response triggered by these allegations can delay proceedings and make settlement more difficult, particularly if one party feels betrayed or embarrassed by public accusations.
Confusing Children and Delaying Emotional Recovery
Living with significant other during divorce can be confusing and distressing for children. Children may still be adjusting to the idea of their parents’ separation and this can add an additional lawyer of emotional challenge. Children often benefit from a period of stability and clear boundaries after divorce, and bringing a new person into their daily lives may hinder their emotional healing.
In some cases, this can backfire legally, as judges may consider the emotional stability of the children in determining custody and parenting time.
Creating a Perception of Impropriety or Poor Judgment
Finally, perception matters during New Jersey divorce proceedings. Judges, mediators, and even court-appointed evaluators may form opinions based on how each party conducts themselves. Living with a significant other during divorce can create the impression of poor judgment, impulsiveness, or disregard for legal process.
Even if cohabitation doesn’t break any laws, it may shift the tone of proceedings, subtly influencing rulings or swaying opinions in ways that are hard to reverse. If you have any questions, concerning a divorce in New Jersey, call the Law Offices of Peter Van Aulen at (201) 845-7400 for a free divorce consultation.
