Marital Settlement Agreements (MSAs) are, at their core, contracts. Although New Jersey family law certainly plays a large part in what can and cannot be agreed to, and in certain cases, can even modify an MSA, when it comes to ambiguities, courts will interpret MSAs as they would any contract.
Cohabitation Clauses
One area in which incomplete, vague, or ambiguous language can lead to trouble is in cohabitation clauses. A cohabitation clause is where a party is paying alimony, but the parties agree that alimony will stop should the receiving spouse cohabitate with someone else who is not family.
Put in common language: a payor spouse does not want to pay to support an ex, if and when the ex-spouse ever lives with someone else who is supporting that spouse (or at least, paying some part of the household bills).
Problems With Ambiguities
These clauses are pretty common in New Jersey family law, but there are problems that can arise when language is not clear.
A major problem that often leads to extended litigation is whether the clause terminates alimony permanently, or only while the receiving spouse is cohabitating. In other words, if the receiving spouse lives with someone, and alimony stops, but then later that person moves out, can the spouse require that alimony be restarted again?
The answer to that question may hinge on one word. If an MSA says that alimony is “suspended,” or that alimony payments will “stop” when there is cohabitation, a court could reasonably interpret that as meaning the condition is temporary; that alimony must be restarted when and if the cohabitation ends.
If the MSA says alimony is “terminated” on cohabitation (or even better, “permanently stopped or terminated”), then the fact that cohabitation with someone new has ended does not matter—alimony does not have to be restarted. It permanently ended on the cohabitation.
If there is any ambiguity in the language of the MSA, litigants will be leaving it up to a judge later on to make the decision.
How Courts Have Dealt With the Issue
There are some court decisions that say that whenever there is cohabitation, alimony should cease. The logic is that if a party were to remarry, alimony would cease, and it would not matter if the party was later divorced from the new spouse—why should cohabitation be treated any differently?
Still, most New Jersey family law courts will interpret MSAs strictly according to their terms, and using terms like “permanently terminate,” should be enough to eliminate any ambiguity.
Other Problems With Clarity
Arguments can also arise as to what cohabitation means. Does someone have to live with the ex-spouse every day? Is sleeping at the ex-spouse’s home three, four, or five days a week enough? Does someone have to move his or her things into the ex-spouse’s home to qualify as “cohabitating?” Does alimony terminate as of the very first day of cohabitation, or must someone live with the alimony receiving ex-spouse for a specified time period before the paying ex-spouse can petition to terminate the alimony payment?
These are all questions that must be considered, and which must be addressed in a MSA to avoid ambiguities later on.
Make sure you have New Jersey family law attorneys who understand the importance of complete, clear language in any document related to your divorce. Contact Agnes Rybar LLC for help with any kind of family law matter.
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