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Category Archives: Property Settlement Agreements

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J is for Justifying a Deviation from the Child Support Guidelines

Posted in child support, Practice Issues, Property Settlement Agreements, Uncategorized

Your lawyer has just told you what you are likely to receive for child support and your jaw has dropped because you know the amount comes nowhere near the actual cost of supporting the children. How then, do you get your soon-to-be ex-spouse to pay what you consider to be a fair amount for the… Continue Reading

How to divide an Island and other wedding gift questions

Posted in equitable distribution, Practice Issues, Property Settlement Agreements

The BBC has recently reported that Cristiano Ronoldo, the soccer superstar, has given his agent a Greek Island for a wedding gift. While a Greek island may not be the typical wedding gift for most couples, the question of how the wedding gifts are divided in the event of a divorce certainly comes up often.… Continue Reading

BE CAREFUL WHAT YOU WISH FOR…BECAUSE YOU JUST MIGHT GET IT

Posted in alimony, child support, Divorce, Interspousal Agreements, modification, Practice Issues, Property Settlement Agreements

As a matter of public policy, New Jersey Courts favor the enforcement of agreements reached between parties. Since Marital Settlement Agreements (“MSA”) are entered into consensually and voluntarily, they are often approached with a predisposition in favor of their validity and enforceability.  That notwithstanding, these agreements are enforceable only if they are fair and equitable.… Continue Reading

Marry Her Anyway? No Matter What They Say? Well, It May End In Annulment Anyway

Posted in Civil Unions and Domestic Partnerships, Divorce, equitable distribution, Interspousal Agreements, Practice Issues, Property Settlement Agreements

Romeo and Juliet, Sir Lancelot and Guinevere, Katniss Everdeen and Peeta Mellark – for some of these star-crossed lovers, their journeys ended with hemlock, in exile, or…well…no spoilers.  For Easton and Mercer, their romance ended with an annulment on the grounds of equitable fraud in a lengthy decision delivered by Judge Jones in Ocean County… Continue Reading

NEW JERSEY FAMILY LAW PODCAST SERIES PRESENTS: STOP. COLLABORATE. LISTEN.

Posted in Interspousal Agreements, Mediation/Arbitration, Practice Issues, Property Settlement Agreements

In the third installment of our New Jersey Family Law Podcast Series, we are proud to present – Stop.  Collaborate.  Listen.  Based on one of our earlier blog posts, Eliana Baer and I discuss why these three words are so critical to a successful outcome in divorce mediations, while highlighting the perils that can occur when divorcing spouses refuse… Continue Reading

Warning: You May Regret Agreeing to Pre-Determined Resolutions for Future Possible Support and Custody Issues

Posted in alimony, child support, College, modification, Property Settlement Agreements, Visitation/Parenting Time

I am an advocate of resolving divorce and custody disputes and helping my clients make reasonable attempts to avoid judicial intervention.  It is less costly, less lengthy and allows litigants to make their own decisions regarding their children, finances, assets and debts.  However, the motivation for entering into a settlement agreement should not be solely… Continue Reading

THE GRAY DIVORCE AND ITS EFFECTS ON YOUR EX’S SOCIAL SECURITY BENEFITS

Posted in alimony, Divorce, equitable distribution, Estate and Trust Issues, Interspousal Agreements, Practice Issues, Property Settlement Agreements

Several weeks ago, I wrote a blog post about “The Gray Divorce” phenomenon now sweeping the nation.  As I highlighted in my blog post, whereas the divorce rate among those 50+ was only 10% in 1990, it is now a staggering 25%. While certainly an interesting statistic and perhaps a telling sociological commentary on the… Continue Reading

SPELL OUT YOUR INTENTIONS WHEN IT COMES TO YOUR DIVORCE AGREEMENT

Posted in Custody, Divorce, Interspousal Agreements, modification, Practice Issues, Property Settlement Agreements, Visitation/Parenting Time

Although none of us can see the future (not yet anyway), when drafting a divorce agreement it is absolutely imperative to include as many potential future scenarios that you foresee to occur.  Equally, if not more important, is to actually spell out exactly what your intentions and expectations are and provide examples if necessary.  More often than… Continue Reading

RENEGE AT YOUR PERIL

Posted in Practice Issues, Property Settlement Agreements

You have painstakingly negotiated (or mediated) the terms of a Marital Settlement Agreement over the course of many months.  You think you’re home free.  You think that you simply have to put together or finalize the agreement and get it signed.  You stop discovery, cancel depositions and relax, congratulate your client and pat yourself on the… Continue Reading

DIVORCE RESOURCE: NEVER UNDERESTIMATE THE VALUE OF EXPERTS

Posted in alimony, child support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, equitable distribution, Estate and Trust Issues, Practice Issues, Property Settlement Agreements, Resources, Visitation/Parenting Time

Last week, I blogged about the Information Asymmetry and how important it is for you to educate yourself going in to the divorce process so that you can meaningfully assist your attorney with your case.  But what about your attorney? And what about your Judge?  Isn’t it important for them to also be as informed… Continue Reading

THE GRAY DIVORCE: BABY BOOMERS FLOCKING TO DIVORCE COURT IN DROVES

Posted in Divorce, equitable distribution, Estate and Trust Issues, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Resources

Baby Boomers have always been trendsetters.  They were the first generation to rock out to bands such as the Beatles and they were the generation that was on the front lines of the feminist and civil rights movements.  Baby Boomers are culturally associated with rejection and redefinition of traditional values. And holding true to their… Continue Reading

THE IMPROPER INTERTWINING OF CUSTODY AND FINANCES: A SETTLEMENT TABOO

Posted in Custody, Property Settlement Agreements, Visitation/Parenting Time

Oftentimes during a divorce proceeding, the issues of custody and parenting time are resolved early on in the case.  There is nothing stopping parties from drafting a final agreement detailing the legal and residential custody arrangement with a detailed parenting schedule, and having the court enter the agreement while financial issues such as alimony, child… Continue Reading

THE INFORMATION ASYMMETRY AND THE DIVORCE PROCESS: AN UNLIKELY PAIR

Posted in alimony, child support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, equitable distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, modification, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Tax Exemption, Visitation/Parenting Time

What do divorce and economics have in common?  Well, a lot. But today I am focusing on the unlikely link between the theory of information asymmetry – which deals with the study of decisions in transactions where one party has more or better information than the other – and the New Jersey Divorce App.  … Continue Reading

TERMINATING ALIMONY FOR TERMINALLY ILL PATIENT – EASY, RIGHT? WRONG.

Posted in alimony, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Divorce, Interspousal Agreements, modification, Other, Property Settlement Agreements

Recently I lost a dear client and friend, Bill*, after his long battle with brain cancer.  Bill was a man with a kind-hearted spirit and a gentle disposition – one of those “really nice guys” that you just wanted to bend over backwards to help. While Bill was fortunate enough to spend his last days… Continue Reading

Tracking Finances: There’s a (New Jersey Divorce) App For That.

Posted in alimony, child support, Civil Unions and Domestic Partnerships, Cohabitants' Rights, College, Counsel Fee Awards, Custody, Divorce, equitable distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, modification, Other, Practice Issues, Prenuptial Agreements, Privacy and Confidentiality, Property Settlement Agreements, Resources, Tax Exemption

Oftentimes I hear from clients that gathering their financial information is the most daunting task they will face during the divorce process. They picture being buried in an avalanche of documents, account numbers and canceled checks. The New Jersey Divorce App’s Finance Tracker can help.  In fact, I have recommended it to my clients before,… Continue Reading

SETTING ASIDE THE SETTLEMENT AGREEMENT WHEN NEW EVIDENCE COMES TO LIGHT

Posted in modification, Property Settlement Agreements

As a litigant, you can only agree to settle based on what you know.  When the other party details their income, assets and liabilities by anwering discovery and producing documents under oath, signing a Case Information Statement under oath also detailing such information, testifying during a deposition that there exists nothing else, asserting throughout a… Continue Reading

More Considerations Regarding Life Insurance as Part of a Settlement

Posted in alimony, child support, Practice Issues, Property Settlement Agreements

Last week, Jennifer Millner authorized a post  entitled “Don’t Forget to Check your Life Insurance!” on this blog.  Two weeks ago, I posted a blog about the seminar that I recently participated in regarding the top “financial mistakes”, focusing on possible overlooked considerations regarding the marital home.  At that seminar, I raised some additional points regarding life insurance that… Continue Reading