Temple v. Temple

More than 16 years after a judgment of divorce incorporated their marital settlement agreement, Husband filed a motion to terminate his alimony obligation, alleging Wife had either remarried or was cohabiting with a man she had been in a relationship with for at least 14 years. The trial court denied the motion, and Husband appealed, arguing he was entitled to discovery and an evidentiary hearing. The New Jersey Appellate Division reversed. The Court found that Husband presented an abundance of evidence from which a trier of fact could conclude Wife was in “a mutually supportive, intimate personal relationship” in which her partner undertook the “duties and privileges that are commonly associated with marriage or civil union.”

TEMPLE