One of the universal themes in divorce matters is that the court is supposed to try to maintain the status quo while the case is pending. In many cases where
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Yes, A 29 Year Marriage Warrants Open Durational Alimony
20 year marriages warrant open durational alimony
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So Alimony Formulas are Sometimes OK?
Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of
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Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony
Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at
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The New Year’s Resolution Divorce – 2024 Edition
For many divorce attorneys, the busy season starts after the first of the year. Since practically the inception of this blog, I have posted on the phenomenon of the New
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Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to Show
Despite the Appellate Division decision in the Temple case in 2021 that seemingly made it easier to show a prima facie case of cohabitation necessary to get discovery and perhaps
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Is a Gift a Gift if You Don’t Know You Got it?
The issue of gifting comes up with some frequency in family law cases. Generally, gifts from third parties that are not subsequently commingled are exempt from equitable distribution. Parties also
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Trial Court Applies Wrong Retirement Standard to a Pre-2014 Alimony Obligation
I still hear people call the 2014 Amendments to the alimony statute “the new statute.” Almost 9 years later, it is no longer new. That said, since that time, there
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Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?
One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration.
In general, at the outset of a
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Delay, Waiver & Law of the Case Doctrine
Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date
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