There has been an alimony reform movement that has been gaining traction throughout the country. Some of the major concerns appear to be this issue of permanent alimony and the lack of uniformity in alimony awards, both in amount and duration, from case to case. In the recent past, alimony laws have been reformed in… Continue Reading
Tag Archives: limited duration alimony
The Term and Amount of Limited Duration Alimony Can Really be Modified? …Really?
Posted in Alimony, Divorce, Property Settlement AgreementsAs a continuation to my alimony-themed posts, the particular issue that is the subject of this blog post may come as a surprise to some supporting spouses; namely, the fact that the term and amount of a limited duration alimony obligation can be lengthened in some rare circumstances. New Jersey Courts do have authority to… Continue Reading
Alimony Fun Facts
Posted in AlimonyThis being a family law blog, we talk about alimony a lot. One reason is that, because there are no guidelines, only factors to consider, alimony is one of the more difficult issues to resolve. How many years should it be for? When is it permanent? What does permanent really mean? Is there a rule that you… Continue Reading
Extending Limited Duration Alimony – Strong Proofs Required
Posted in Alimony, DivorceMany marital settlement agreements provide that a payee spouse shall receive what is legally classified as "limited duration alimony" from the other spouse. While not "permanent", alimony of a limited duration is designed for a situation where the payee spouse contributed to a generally short-term marriage where the marriage itself displayed indicia of a marital partnership,… Continue Reading
WHAT IS AN ANTI-LEPIS CLAUSE AND CAN IT BE MODIFIED?
Posted in AlimonyWhen parties resolve their divorce via a settlement agreement, can they agree that neither party will seek to modify the agreed upon terms of alimony and child support? In New Jersey, a court may generally modify a support obligation at any point in time to achieve equity inherent in this State’s alimony law. For instance,… Continue Reading
ALIMONY LESSONS -1) MAKE SURE YOUR CIS IS ACCURATE, AND 2) REHAB ALIMONY CAN BE TURNED INTO PERMANENT ALIMONY
Posted in AlimonyI tell virtually every client I work with that the Case Information Statement which must be completed by anyone going through the formal divorce process in NJ is one of the most important documents to be completed – arguably, the most important document. The recent unpublished decision of Raesky v. Brody, A-6148-08T1, decided May 26,… Continue Reading
One Client, One Lawyer
Posted in Alimony, Child Support, Divorce, Practice IssuesA common misconception in New Jersey is that both spouses can use the same attorney for their divorce. My local paper recently had an article about divorces in the current economy. One attorney was quoted as intimating that this was true; the attorney was speaking of uncontested divorces in which the parties agree on issues… Continue Reading
APPELLATE DIVISION FINDS THAT 9 YEAR MARRIAGE DOES NOT MERIT PERMANENT ALIMONY – PREMARITAL COHABITATION COUNTS TOWARD LENGTH OF MARRIAGE
Posted in AlimonyIn an interesting unreported decision released yesterday in the case of Christopher v. Christopher, the Appellate Division reversed a trial court opinion granting the wife permanent alimony. The parties were married 2006 and the Complaint for Divorce was filed in December 2004. Interestingly, the trial court found and the Appellate Division affirmed the tacking of… Continue Reading
LIMITED DURATION ALIMONY – FOR HOW MUCH AND HOW LONG?
Posted in AlimonyFor about a decade, Limited Duration Alimony (LDA) has been an available form of alimony in New Jersey. The questions often asked regarding LDA is, when should it be awarded and, relatedly, for how much and how long? These questions were recently addressed in the unpublished Appellate Division opinion of Elliott v. Prisock-Elliot, decided on June 2,… Continue Reading
ANOTHER CELEBRITY DIVORCE – HOCKEY STYLE
Posted in Alimony, Child SupportThis was a good and bad week for Martin Brodeur, the goalie for the New Jersey Devils. On a good note, he passed Patrick Roy as the all time winningest goalie in NHL history. On a bad note, he lost his appeal of an alimony award in the Appellate Division. To see the opinion, click here. This… Continue Reading
APPELLATE DIVISION REVERSES AWARD OF PERMANENT ALIMONY GRANTED IN AN 11 YEAR 9 MONTH MARRIAGE
Posted in AlimonyIn an interesting unreported decision in the matter of Valente v. Valente, on January 27, 2009, the Appellate Division reversed the award of permanent alimony to the wife after an 11 year 9 month marriage. To view the full text of the case, click here. The relevant facts are as follows: During this 11 3/4… Continue Reading
CHANGING THE TERM OF A LIMITED DURATION ALIMONY OBLIGATION
Posted in Alimony, ModificationPursuant to the statute, the general rule is that the tern of limited duration alimony cannot be extended without unusual circumstances. A recent Appellate Division decision shed some light on what those circumstances could be. Jane and Samuel had been married for less than seven years when they got divorced. They had two children, ages 6 and 4… Continue Reading
EX-WIFE’S INCOME DOUBLES YET ALIMONY REMAINS UNCHANGED
Posted in Alimony, ModificationIn an interesting unpublished Appellate Division decision dated May 23, 2008 in the matter of Pechinka v. Pechinka, A-6089-06T3, the court affirmed a trial court decision that denied an ex-husband’s motion to terminate his limited duration alimony. At the time of the divorce in 2002, the wife was earning $46,000. The husband earned $116,000 per… Continue Reading