Divorce settlements are meant to provide a fair arrangement for each spouse. As divorced couples know, however, certain changes can occur after the settlement becomes final that upset the initial balance of fairness. In the case of alimony, a subsequent modification may be available if one or both parties have experienced a substantial change in their financial circumstances.

Yet a recent New Jersey alimony case shows that not all modification requests are successful. That case involves a couple that divorced in 2009 after 14 years of marriage. Their divorce decree provided that the husband would pay spousal support to his ex-wife for a period of 10 years, during which time the amount of alimony would become progressively smaller.

Shortly after the decree, the ex-husband discovered that his former wife was involved in a serious relationship. He learned that the new boyfriend had mail sent to the ex-wife’s house, kept clothes there and traveled on vacation with the ex-wife and the couple’s children. He then went to court to end or further reduce the alimony payments on the grounds that his ex-wife was now “cohabiting with a third party.”

In response, the ex-wife contended that she and her boyfriend were not living together and that they did not comingle their finances. Ultimately, the trial court agreed with the ex-wife and denied the man’s motion to modify the amount of spousal support. That ruling was recently affirmed on appeal, where the court found that there was not enough evidence to support the conclusion that the woman and boyfriend were involved in a “marital-type relationship.”

Source: The Star-Ledger, “N.J. court: Ex-husband must continue paying alimony to wife, despite her having a boyfriend,” Jeanette Rundquist, Sept. 11, 2012

• Alimony is not awarded in every divorce case. You can learn more about the subject by visiting our Kingston alimony page.