Yesterday, I blogged on the S.W. v. G.M. case in a post entitled More from the Appellate Division on Lifestyle, Foulas and the Concept of Income Equalization. In that blog, I noted that the S.W. court also addressed the issue of life insurance to secure alimony.
It is not necessary to get into the facts
A few weeks ago, I authored a post on this blog entitled Debunking the Myth That the Percentage Used in the So-Called “Alimony Rule of Thumb” Should Go Down as the Payer’s Income Goes Up. That post reiterated that the Court’s cannot use formulas, but that they are often used and that people have
It has been said over and over again that there are no formula’s to determine alimony. As I have blogged in the past, other than one legal malpractice referencing the formula or “rule of thumb”, virtually every time the Appellate Division gets a case where a formula was used, the case is reversed
A recent unpublished (non-precedential) decision, Steffens v. Steffens, suggests that the answer to the above question is “no.”
In Steffens, the Wife sought to set aside a prenuptial agreement, arguing that it was unconscionable, in large part because the alimony payments she was to receive under the agreement would not allow her to maintain
For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a chord and has been both well received and cited by other bloggers. As such, given that
For the second time in about a month, the Appellate Division has reversed improvidently granted discovery when there hadn’t been a showing of a change of circumstance. As noted by Eliana Baer on this blog on August 12, 2019 (about a case she and I were involved in) in a post entitled Appellate Division Rules:
The issue of the division of deferred compensation in divorce – more particularly, unvested deferred compensation, is often one that is hotly disputed. This is in part because there is not a lot of case law on the issue. The case law is clear that deferred compensation (eg. stock options, restricted stock, RSUs, REUs, etc.)
There has been a lot of talk about the lack of preparedness for last week’s snow storm that left many people stranded in traffic for hours trying to get home. While many have argued, perhaps rightly, that the storm turned out being much worse the forecast, at the end of the day, as with many
Going through a divorce is one of life’s greatest disruptions. Whether you are resistant to the divorce and it feels like a tragedy or you are initiating the divorce and it feels like an escape, there is no doubt that divorce creates a massive change in your family life, finances and day-to-day routine. At its
One of the most common questions posed by clients is – how is alimony determined? Unfortunately, there is no easy answer to that question, and it is often dependent upon the facts and circumstances of a given matter. The law does not provide for a formula, even in the final version of the amended alimony