Appellate Division addressed standard for addressing the issue of modifying alimony based upon retirement in pre-2014 divorces – highlighting again the issue of whether the recipient did or could have saved for retirement
Continue Reading Appellate Division Addresses Termination of Alimony at Retirement, Focusing on Whether Recipient Had or Could Have Saved for Retirement
We have written a lot about termination of alimony based upon cohabitation, both before the 2014 Amendment to the alimony statute making it easier, and after the Supreme Court’s decision
Continue Reading Alimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her Finances
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
Continue Reading Apples to Oranges – Pendente Lite Support vs. Support After Trial
20 year marriages warrant open durational alimony
Continue Reading Yes, A 29 Year Marriage Warrants Open Durational Alimony
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
Continue Reading So Alimony Formulas are Sometimes OK?
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
Continue Reading Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony
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
Continue Reading The New Year’s Resolution Divorce – 2024 Edition
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
Continue Reading Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to Show
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
Continue Reading Is a Gift a Gift if You Don’t Know You Got it?
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
Continue Reading Trial Court Applies Wrong Retirement Standard to a Pre-2014 Alimony Obligation