Does it matter if a party’s income increases between the cut off date (usually the date of Complaint) and the time of the divorce?  What about the argument that this income does not reflect the marital lifestyle so it should be ignored?  These questions were answered by Ocean County Family Part Judge Lawrence Jones, who, in his brief time on the bench, has become a prolific writer contributing a number of reported decisions.

Judge Jones addressed these issues in the reported case of Dudas v. Dudas released on November 1, 2011.  While trial court opinions do not have to be followed by other trial courts or the Appellate Division, Judge Jones’ analysis of the issue was interesting.

In this case, the wife was primarily a stay at home parent.  During the marriage, the husband’s income grew to the mid-$40,000 range, with a one year high of $59,000 by the end of the marriage.  After the Complaint, the husband’s "… W-2 income … sharply jumped to a personal high of $64,000 in 2009, and then ballooned again to $76,000 in 2010. In 2011, defendant is on pace to earn $68,000." 

Not surprisingly, the wife sought alimony based upon this higher income.  The husband argued, "… that his post-complaint earnings are irrelevant because, (a) alimony should be based upon the parties’ marital standard of living, and (b) that standard of living was never based on the heightened level of earnings he presently enjoys."    Judge Jones disagreed with the husband.Continue Reading The Impact of a Post Complaint Substantial Increase in Earnings – Marital Momentum or Much Ado About Nothing?