Many New Jersey divorce cases involve alimony issues in which the requesting parties think they are entitled to receive it while the others hotly contest their estranged spouses’ requests. Alimony is a type of support that may be ordered by the court in a divorce case. Divorcing spouses might also come to an agreement through…
In New Jersey, either spouse can ask the court to order the other spouse to pay alimony during a divorce. While a spouse can ask for alimony, the court has discretion about whether to order it and will consider multiple factors before agreeing to do so. Once a court issues an alimony order, it can…
Regardless of why or how your marriage is ending, you may feel uncertain about your financial stability in the future. Whether you are the one to pay or receive payments, you are bound to have questions about spousal support and alimony in New Jersey. Here are some answers to frequently asked questions the divorce attorneys…
A recently unpublished Appellate Division decision, A.J.V. v. M.M.V, touches upon the intricacies of alimony, both during the pre-judgment, litigation phase (also known as pendente lite support or interim support) and the final alimony award. Navigating alimony cases in New Jersey has always been a nuanced journey. Most clients commencing divorce proceedings are nearly always…
The journey through the family courts is a long and arduous one which will almost always leave emotional and financial scars. If you are unable to settle your case, the journey ends with a Final Order or Judgment, which is rarely viewed with complete satisfaction by either party. For those that are truly dissatisfied with the trial…
The Appellate Division’s recently published (precedential) decision in Amzler v. Amzler provided much needed clarity on a question of first impression regarding early retirement and related applications to modify or terminate alimony obligations established prior to the 2014 amendments to our alimony statute. Specifically, the Appellate Division was presented with the question of whether N.J.S.A.…
Last week I wrote about the difficult parenting time issues facing all of us, but especially divorcing or divorced parents, in the midst of the unprecedented Coronavirus pandemic. As we all continue to live through some level of isolation with our children and attempt to portray some sense of normalcy, each day passes with contrasting…
When is a supported spouse’s proof of a mutually supportive intimate personal relationship with another person enough to overcome the first step in the process towards terminating alimony? In the recently issued unpublished (not precedential) decision of Goethals v. Goethals, the Appellate Division reversed a trial court’s decision finding that the payor failed to fulfill…
It is generally recognized in legal practice that various support obligations, such as alimony and child support, terminate upon the happening of specific circumstances, one of which is the death of the payor. Federal tax regulations also require that payments need to terminate once the payor is deceased. Furthermore, New Jersey statute, N.J.S.A. 2A:34-25 dictates…
When negotiating and addressing alimony buyouts in matrimonial settlement agreements, family law practitioners should consider several potential issues that may arise. This summary article is intended to provide guidance in determining whether a buyout is beneficial for your client depending on the facts and circumstances of the matter in which you are involved. In certain…