Alimony

News & Analysis as of

Updates on Alimony Law

Hi there, I have a few updates on what is happening in three cases that are testing the limits of the Alimony Reform Act....more

Will an Alimony Award Terminate if the Recipient Cohabitates?

On September 22, 2014, the New Jersey Supreme Court declared to hear the case of Quinn v. Quinn. In the case, the couple was married for twenty-three years until they divorced in 2006. The Husband agreed to pay the Wife...more

New Jersey Enacts Changes To Alimony Laws

Parties in New Jersey who pay are about to pay alimony, or already pay alimony, should understand some recent changes to the statute that may impact their obligations. Some of the most critical changes are detailed below....more

What the New Alimony Law in New Jersey Means for You

On September 10, 2014, Governor Chris Christie signed an alimony reform bill into law, which makes significant changes to the New Jersey alimony statute, N.J.S.A. 2A:34-23. While the new law does not create alimony...more

Family Collaborative Law Act Signed by Governor Christie

In addition to signing the alimony bill into law, Governor Christie also signed the Family Collaborative Law Act on Wednesday, September 10th. The Act had been unanimously passed by the Senate in late June before it arrived...more

Big Changes for New Jersey Alimony

New Jersey law governing alimony has changed after Governor Chris Christie signed a Bill A845 on September 10, 2014. The modifications to New Jersey alimony include that absent “exceptional circumstances” the term of alimony...more

Requirements for Alimony – Can it be a good thing?

Divorce is messy, divorce is costly – and it should be avoided wherever possible. Spouses should always attempt to mitigate their losses and one way to do this is to consider designing the divorce settlement to include...more

NJ Alimony Bill Making Major Changes in System

On Monday, June 30, 2014, the NJ Senate Judiciary Committee passed legislation that would drastically change alimony awards in future divorce cases and is currently awaiting a signature by Governor Christie. The bill,...more

First SJC Clarification of the New Alimony Reform Act

With the coming of spring comes a fresh interpretation of some relatively new legislation that has been closely watched by attorneys around Massachusetts. Any new law will require interpretation by the courts, going up...more

Deciding to Divorce: It’s OK to Get Cold Feet

Some of the heaviest divorce filing times of the year are February (after Valentine’s Day) and March. I see a lot of new clients but also quite a few clients who I had met with before, but weren’t ready to move forward with...more

Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust...more

Divorce and Retirement: Social Security Administration vs. California Family Law

According to the Social Security Administration’s website, the 1983 Social Security Amendments included a provision for raising the full retirement age beginning with people born in 1938 or later. The Congress cited...more

Divorce, Child Support and Alimony

When it comes to child support, the laws vary considerably from state to state. Some states allow “permanent” alimony in certain circumstances, but some do not. Most states allow for some sort of alimony payment for a finite...more

What is spousal maintenance and how is it determined in Arizona? [Video]

Phoenix business law firm Jaburg Wilk's Board Certified Family Law Specialist Mitchell Reichman discusses what Spousal Maintenance is and how it is determined in Arizona. He also describes the time frame associated with...more

Modification Process in Massachusetts Divorce Cases

The modification process is a bit more streamlined than the divorce process, mainly because there is a lot less discovery. Since the property division portion of a divorce agreement or judgement is not modifiable, issues of...more

Modification, Change is Hard

I hope you all are enjoying this gorgeous weather, I love it! We have been very busy here since March with a number of modification cases, as the new Alimony Law allowed for a large group of payors to file for modification...more

Are the Family Courts Becoming Hostile Toward Women?

From a historical standpoint, women have been the stay-at-home moms; the underemployed or unemployed spouse in a marriage; and the lesser paid sex in the workforce (the latter is still largely true). These realities – the...more

Are Unallocated Support Payments in a Divorce Action Tax Deductible?

A couple going through a divorce action should understand whether a support payment, not specifically allocated as child support or alimony, is a taxable event where the payor may deduct it and the payee report it as income...more

In Plain English…What are the Legal Issues at Stake in Same-Sex Marriage?

Most everyone is aware that the United States Supreme Court heard two historic cases this week focused on same-sex marriage. One involves California’s Proposition 8 banning same-sex marriages (which was then rendered...more

Alimony in New Jersey

Alimony is governed by N.J.S.A. 2A34:23-b. In New Jersey, there are four categories of alimony to consider: (1) Limited Duration Alimony, (2) Reimbursement Alimony, (3) Rehabilitative Alimony, and (4) Permanent Alimony....more

Out of Harm’s Way: Domestic Violence and Divorce

Divorce can be an extremely emotional experience, fraught with sadness, anger and even a sense of helplessness. These feelings are exacerbated for someone who has been the victim of domestic violence. If you are the victim...more

Alimony Bill Proposing to Overhaul New Jersey’s Alimony Laws

Assembly Bill Number 3909 was introduced on March 7, 2013 seeking to overhaul the State’s long established alimony laws. Among other things, the proposed bill eliminates permanent alimony entirely. ...more

“Long-Term” Marriage Reaches New Heights

On February 6, 2013, John and Ann Betar celebrated their 80th wedding anniversary, a milestone earning them the title of “longest married couple” in the United States by Worldwide Marriage Encounter, a Christian marriage...more

So how long is long enough to prevail on a modification application?

Well, depending on what county your case is venued in, it depends. Recently in Foley v. Foley, the defendant, ex-husband, filed an appeal from an Order from the Family Court that denied his motion to reduce his alimony...more

Four Surprising Facts about Family Law

In a recent State Farm Insurance commercial, a young woman says to a young gentleman, “You can’t put anything on the Internet that is not true.” He asks her where she heard that, and in unison, they exclaim, “the Internet!” ...more

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