The Connections Bernards Ridge Edition Apr/May 2025

THE BERNARDS-RIDGE CONNECTION

PAGE 12

APRIL//MAY2025

When It’s Your Move High-net-worth divorce is complicated. Division of assets, complex income, custody. The rules can seem tilted against you. Our attorneys have the legal know-how and national firm resources it

Handling family law matters throughout New Jersey

Eric Solotoff esolotoff@foxrothschild.com 973.994.7501

takes to design a successful strategy.* Dedicated. Driven. Committed to helping you reach your goals.

Jessica Diamond Lia jlia@foxrothschild.com 973.994.7517

Morristown | Princeton | Atlantic City

*Results may vary depending on your particular facts and legal circumstances.

LAWYER’S VIEW Courts Don’t Take Kindly to Stalling Tactics when

that the husband had met his prima facie bur den and ordered the filing of Case Information Statements (CIS), discovery, and a plenary hearing. The discovery was to be completed by Nov. 30, 2022. His ex-spouse sought to extend discovery and then refused to answer discovery or file a CIS. She repeatedly refused to provide financial discovery in response to discovery demands or court orders. Rather, she filed numerous mo tions, including repeated motions to quash subpoenas. On July 12, 2023, the trial court heard mul tiple motions and put an end to the games. At that hearing, the court granted the ex-hus band’s motion to bar his ex-wife’s opposition to terminate alimony. The basis of the decision was the wife’s “…intentional and material re fusal to comply with discovery orders, ‘pursu ant to Rule 4:23-2.’’’ The court then found that the husband had proven cohabitation as well as financial en tanglements between the wife and the alleged cohabitant based on the limited financial in formation he was able to obtain via subpoenas. The court specifically found the commingling of funds for various purposes. The court also noted that the wife received a substantial inher itance that she failed to fully disclose. The wife appealed and the Appellate Division affirmed the decision. The takeaway from this case is this: Not co

operating is not an option. The wife brazenly defied orders and the court made her pay. The other lesson is that in certain limited situations, alimony can be terminated without a plenary hearing. Questions about custody or other family law issues? Contact Eric S. Solotoff, Eric S. Solotoff, Co-Chair of Fox Rothschild’s Family Law Department, at esolotoff@foxrothschild.com or 973.994.7501; or Jessica Diamond Lia, Jessica Diamond Lia, a Partner in the firm’s Family Law Department, at jlia@foxrothschild.com or 973.992.7517. When the court decides whether to terminate or reduce alimony because the recipient has moved in with a new partner, it follows a multistep process.

Alimony/Cohabitation Is at Issue By Eric S. Solotoff and Jessica Diamond Lia

I

t’s well known that a divorced spouse receiving alimony who moves in with a new significant other often forfeits his/her alimony. Few, however, are familiar with that process. A recent New Jersey court case demonstrates that simply refusing to cooperate is not a smart strategy if you are an allegedly cohabitating spouse. When the court decides

documentation regarding the cohabitation and finances, including any financial interde pendence between the alimony recipient and the proposed cohabitant. Intertwined finances, and/or one cohabitant supporting the other, are relevant. The third step is typically a plenary hearing

(trial) at which the trial court hears the evidence and makes a determination. It is uncommon to see ali mony terminated before step 3. But that is what happened in Winner v. Winner, an un reported (non-precedential) Appellate Division decision released on Feb. 21, 2025. It is uncommon to see ali

whether to terminate or re duce alimony because the recipient has moved in with a new partner, it follows a multistep process. The first step is for the alimony-pay ing spouse to file a motion providing proof of cohabita

In Winner, the parties were divorced in 2011 and the husband was required to pay alimony. In July 2022, after hiring a private investigator, the husband filed a motion to terminate, sus pend, or modify alimony based on cohabita tion. In September 2022, the trial court found

tion to show a prima facie case. The New Jersey Supreme Court in Cardali v. Cardali remind ed trial courts and practitioners alike that this should not be a heavy burden. The second step is discovery. The alleged cohabitating spouse must provide financial

theconnectionsnj.com