In Deegan v. Deegan, 254 N.J. Super. 350 (App. Div. 1992), the Appellate Division answered “maybe”, finding that where a former spouse seeks to terminate alimony based upon a voluntary early retirement, closer scrutiny is required. Specifically, the trial court must evaluate the age and health of the retiring spouse, the timing and motive behind…
In the landmark case of Tannen v. Tannen, 416 N.J. Super. 248 (App. Div. 2010), the Appellate Division conclusively determined (as upheld by the Supreme Court, see 208 N.J. 409 (2011)) that a divorcing spouse could not be imputed income based upon their interest in a discretionary trust for the purpose of calculating support obligations.…
The question of what to do where a supporting spouse loses his employment and obtains a new position at a significantly lower salary has long troubled our State’s judiciary. In Mills v. Mills, the Chancery Division of Ocean County attempted to provide a more clear-cut analysis for family courts to follow in the wake of…
You just got in a car accident. You have been out of work for three months and you have thousands of dollars in hospital and medical bills. You’ve met with numerous personal injury attorneys that have already informed you that you can expect an award of over $150,000. You also want a divorce from your…