The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the
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Top 10 Divorce Trends in 2022
As 2022 comes to a close (who can believe it?), I find myself reflecting on the year past, and also planning for the year ahead. 2022 has certainly has its
Continue Reading Top 10 Divorce Trends in 2022Appellate Division Clears Up the Alimony Statute Application for Early Retirement in Pre-Amendment Cases
The Appellate Division recently published a decision, Amzler v. Amzler, making it precedent setting on the use of the new alimony statute in a case of a payor’s early
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Prospective Retirement Applications: How Soon Is Too Soon?
As avid readers of this blog know, New Jersey’s recently amended alimony statute has been the inspiration for many blogs posts as cases interpreting same are coming down the pike.
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Court Defines “Prospective Retirement” Under Amended Alimony Law
The amended alimony law that went into effect in late 2014 raised many questions as to the meaning of its terms and how such terms will be applied, especially as
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APPELLATE DIVISION ADDRESSES RETIREMENT APPLICATION UNDER AMENDED ALIMONY LAW
Litigants and family lawyers have eagerly awaited each decision from the Appellate Division that could shed some light on the numerous provisions in the amended alimony law that became effective
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Reflections On The Alimony Statute One Year Later
Today marks the first anniversary of new alimony law. One year ago today, September 10, 2014, Governor Christie signed into law Bill A-845 which substantially amended the provisions of the
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THE PERILS OF NEGOTIATING THE EQUITABLE DISTRIBUTION OF A PENSION
As matrimonial lawyers, we often come across cases involving a pension that is subject to equitable distribution. While New Jersey’s equitable distribution statute involves several factors for consideration in dividing
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NEW JERSEY ALIMONY REFORM IS HERE – WHAT DOES IT ALL MEAN?
Change is finally here – On September 10, 2014, Governor Chris Christie signed into law substantial and significant amendments to New Jersey’s alimony law. The law took immediate effect on
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Divorce in Your Sixties – Is Permanent Alimony the Right Result?
Wikipedia defines grey divorce as a "term referring to the demographic trend of an increasing divorce rate for older ("grey-haired") couples in long-lasting marriages." Now while "grey divorces" of a short or mid length marriage provide challenges for a divorce attorney, many believe that divorces of long term marriages are easy. Just whack up the assets 50-50, agree to permanent alimony and call it a day, right? That is not an uncommon result, but does it really make sense to do so and not consider real life anticipated events such as retirement and the receipt of Social Security, to name just two.
Typically, when marriages are longer than 20 years, the concept of permanent alimony seems like a no brainer. When the parties are in their sixties (or maybe even late fifties) does this make sense? What if the parties always discussed and agreed that at age 65, the husband was going to retire and planned and lived their life accordingly? Now, at age 61, either party seeks a divorce (I was going to say the wife – but it really doesn’t matter). Should this be a permanent alimony case? The default answer is yes but should there be more critical analysis to this?
In this case, we can assume that all of the assets will be divided 50-50, except perhaps a business asset. Even then, while business assets are usually disproportionately divided, for longer marriages, the non-titled spouse gets more than they would have in a shorter marriage (the fairness of this may be the subject of another post.) In addition, it is likely that the amount of alimony afforded will not allow the payor to save substantially before the divorce and a normal retirement age in a few years hence.
If the agreement does not account for retirement, aren’t the parties just buying themselves more litigation in a few years? Should consideration be given to allowing for retirement and the termination of alimony any time after retirement age without the need to litigate? If that is the case and someone still works full time after the agreed upon retirement age, should alimony continue?
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