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Debra Guston, Esq.
Past Chair, NJSBA LGBT Section
Past President and Adoption Director of the Academy of Adoption & Assisted Reproduction Attorneys
Recipient, Distinguished Service Award, NJICLE
Member, New Jersey Supreme Court Family Practice Committee
Past President of the Board of Trustee, ACLU-NJ
Visiting Lecturer, Rutgers Law School
Recognized by Congress as an Angel in Adoption, 2016
Guston & Guston, LLP, Glen Rock

Jeralyn Lawrence, Esq.
President Elect, NJSBA
Past Chair, NJSBA Family Law Section
Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney
President, AAML – New Jersey Chapter
Fellow, AAML
Lawrence Law, LLC, Watchung

Frank Louis, Esq.
Past Chair, NJSBA Family Law Section
Fellow, AAML
Fellow, American College of Family Trial Lawyers
Recipient, Clapp Laureate, NJICLE
Recipient, Saul Tischler Award, Family Law Section, NJSBA

Thomas Roberto, Esq.
Associate Editor, NJ Family Lawyer
Adinolfi, Lieberman, Burick, Falkenstein, Roberto & Molotsky, PA, Haddonfield

Sheryl J. Seiden, Esq. (Moderator)
Seiden Family Law, LLC, Cranford

Cohabitation among couples 55 and over is on the rise. There are many reasons older couples cohabitate-it provides companionship without marital constraints, but it also comes without the legal protections that married couples have. For those who have had a prior marriage, cohabitation also raises issues regarding the suspension or termination of alimony. Lawyers should always advise unmarried couples to sign a cohabitation agreement to protect their rights and assets. But if they want to provide for the surviving partner, the cohabitation agreement may not be enough. Careful estate planning, beneficiary designations on retirement assets, the titling of property, and identifying who will make medical decisions on behalf of a sick partner are all crucial considerations for partners and their attorneys to consider.

Litigation Concerns

• The suspension or termination of alimony because of co-habitation-Landau/Temple
• What does Landau really say? Clearing up the misapplication of Landau
• Do post-divorce spouses have a duty to disclose co-habitation? Is cohabitation a change of circumstance?
• Discovery and Motions
• Spouses with agreements that predate the Alimony Reform Act

Drafting Co-habitation Agreements

• What you should you include in a co-habitation agreement
•  The Non-married couple
• Should the couple enter a domestic partnership? Can other cities or states non-martial registrations can be of use?
• Estate planning issues for partners with children from previous marriages or relationships
• Adult stepparent adoptions

Ancillary co-habitation Issues: 

• Issues that can arise when you move into a partner’s home-titling the home, expense sharing; life estates/ or buyouts and rights of first refusal for a surviving partner 
• Social Security and disability issues to consider 
• Naming beneficiaries on 401K and other retirement plans 
• IRA’s and non-spouse withdrawals 
• Co-habitation, remarriage, and pensions 
• Palimony 
• Medical decisions 
• Dealing with the children