Can divorced couples still live together in New Jersey? While it’s not a common arrangement, it does happen and is not against the law. Some former spouses choose to live together after divorce due to finances, children, or convenience. But just because it’s allowed doesn’t mean it’s easy. Continue reading to learn more about when divorced couples may cohabitate and how it impacts their family law cases.
Is It Legal for Divorced Couples to Live Together in New Jersey?
Yes. There is no law in New Jersey that prevents divorced spouses from sharing a home. As long as the divorce has been finalized and both parties agree to the arrangement, it is legally allowed. In some cases, judges may even grant divorce decrees while both spouses still live in the same house.
Couples might do this:
- While waiting to sell their home
- To save on rent or mortgage costs
- To keep children in a stable environment
- Due to health or caregiving reasons
Living together doesn’t erase the divorce or change its legal status.
What Are the Financial Benefits?
Divorce often puts a strain on both parties financially.
Staying in the same home might allow former spouses to:
- Split household bills and living expenses
- Avoid the cost of setting up two separate homes
- Postpone selling a shared house until market conditions improve
This arrangement can make financial sense in the short term, especially in high-cost areas like Monmouth County.
Will This Impact Child Custody or Support?
It might. Courts usually want clear boundaries between divorced parents, especially when deciding custody.
Living together after divorce can create confusion about:
- Parenting time
- Household roles
- Whether the relationship is truly over
If one parent is seeking full custody, the court may view continued cohabitation as a sign that the child lacks structure or clarity. Similarly, child support calculations might be affected if the judge believes the financial arrangement is more like a shared household than two independent homes.
What About Alimony?
Alimony payments are based in part on financial need and independence. A court may question whether alimony is genuinely needed if a paying spouse still lives with their ex. In some cases, the receiving spouse could lose support or see it reduced if both parties share costs or support each other financially.
Can Living Together After Divorce Backfire?
Yes. While it may be convenient or necessary in the short term, it can cause problems such as:
- Arguments about chores, bills, or dating new people
- Confusion for children
- Delay in emotional recovery
- Complications in future legal proceedings (like custody modifications)
In some cases, courts have denied custody changes or support modifications based on continued cohabitation. Even if you’re no longer married, living together may give the impression of an ongoing relationship.
What if We Still Share a Room?
This can complicate things legally and emotionally.
While it’s not illegal, resuming a sexual relationship after divorce can:
- Confuse children
- Create false hope for reconciliation
- Affect financial orders, especially if it seems like the relationship never ended
New Jersey does not recognize common-law marriage, but if you remarry or enter into a new domestic partnership, that may impact support or asset division.
Tips for Making It Work
If you do choose to live together after divorce, be proactive. Consider:
- Creating a written cohabitation agreement
- Dividing expenses clearly
- Setting rules for parenting, dating, and boundaries
- Agreeing on a timeline or exit plan
Clear communication is key. Treat the arrangement as a business partnership or shared tenancy, not a continuation of marriage.
Reach Out to Our Law Office for Help Today
They can, but that doesn’t mean they should. If you’re thinking about staying under the same roof as your ex-spouse, weigh the financial pros against the emotional and legal risks. In many cases, the best path forward is one that gives both parties space to rebuild independently.
If you’re going through a divorce and need help, contact The Law Office of Jennifer J. McCaskill, LLC. Our Red Bank divorce lawyers are ready to protect your rights. Contact us today for a free case evaluation.
Contact an Experienced Monmouth County Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call The Law Office of Jennifer J. McCaskill, LLC, our divorce & family law firms in Red Bank. NJ are ready for anything. Call us at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
