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Yes, Parties Can Agree to Waive the Change of Circumstances Standard

Typically, in order to modify support or custody/parenting time provisions in an agreement or judgment/order, the party seeking a modification must show a substantial and continuing change of circumstances. Given the goal of...more

Apples to Oranges – Pendente Lite Support vs. Support After Trial

One of the universal themes in divorce matters is that the court is supposed to try to maintain the status quo while the case is pending. In many cases where there is barely enough money to go around to support an intact...more

Yes, A 29 Year Marriage Warrants Open Durational Alimony

Since the 2014 amendments to the alimony statute were enacted, we have seen this clutching at pearls and gnashing of teeth about what to do in long term (over 20 years) marriages when the payor is in her/his 60s. The...more

So Alimony Formulas are Sometimes OK?

Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of the statutory alimony factors. I blogged about...more

Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony

Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at financial changes of...more

The New Year’s Resolution Divorce – 2024 Edition

For many divorce attorneys, the busy season starts after the first of the year. Since practically the inception of this blog, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this...more

Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to Show

Despite the Appellate Division decision in the Temple case in 2021 that seemingly made it easier to show a prima facie case of cohabitation necessary to get discovery and perhaps terminate or suspend alimony, as I blogged on...more

Trial Court Applies Wrong Retirement Standard to a Pre-2014 Alimony Obligation

I still hear people call the 2014 Amendments to the alimony statute “the new statute.” Almost 9 years later, it is no longer new. That said, since that time, there is still not a lot of law interpreting it other than several...more

Top 10 Posts Read in 2022 – JD Supra style

Yesterday, I posted the Top 10 Posts in 2022 on our NJ Family Law Blog as measured by page views. Aside from publishing the posts directly on our blog, the posts are also shared on a content aggregator, JD Supra which...more

Top 10 Posts of 2022

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 top songs of the year. So I decided to do a top 10 list related to posts on this...more

Appellate Division Rejects Formula for Alimony – Again!

I have blogged many times about the fact that there is no formula for alimony, and moreover, whenever a trial court imposes a formula, it is always reversed by the Appellate Division. In 2020, I blogged on the last reported...more

When Dealing With A Motion to Terminate Alimony, Court’s Can Consider Prospective Retirement – No Really, The Can

When the alimony statute was modified in 2014, aside from making 67 the presumptive, good faith retirement age, it also included multiple standards for the court to consider when a party sought to terminate or modify alimony...more

Why Do Judges Keep Wrongly Denying Cohabitation Motions

For decades, cohabitation was grounds to at least get a review of alimony. When the alimony statute was amended in 2014, almost 8 years ago, the revisions made it easier for alimony payors to get out from under their alimony...more

Court Sells Vacation Home to Pay Alimony and Equitable Distribution Arrears

When parties settle their cases, many if not most, expect that their agreement that they spent months or years negotiation will finally provide them with some peace. After all, if someone agrees to do something in an...more

The New Year’s Resolution Divorce – 2022 Edition

For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a...more

A Website for Prenups -Good Use of Technology or a Recipe for Disaster?

I saw an article this morning about people who brought their digital platform to prepare prenups to the show Shark Tank. I haven’t viewed their site and have no idea whether it is good or bad. But haven’t we all heard tales...more

Losing Your Job During a Divorce – A Cautionary Tale About Quitting While You’re Ahead

One of the more difficult scenarios to deal with during a divorce is when the higher earner who will likely have to pay alimony and child support, loses her/his job through no fault of their own. The problem is exacerbated...more

Marital Lifestyle is the Standard for Pendente Lite Alimony Too

Under the guise of the concept that “it costs more to live in two houses than it does one” or “when parties are living separate, they both can’t continue to enjoy the marital lifestyle”, very often, when deciding pendente...more

You May Not Get to Reduce Your Alimony if Your Voluntary Sale of Your Business Reduces Your Income

More and more, we have seen medical practices bought up by hospitals, large medical groups and venture capitalists who combine the practices into mega-practices or networks. In those cases, often one doctor in a group has no...more

Can A Judge Add A Savings Component To Alimony And Apply It Retroactively To The Beginning Of The Case? Does A Frugal Lifestyle...

While the issue of savings being a component of alimony has been around for decades, since the Lombardi case in 2016 (which we previously blogged about), the issue of a savings component, especially where parties live...more

Palimony Isn’t Alimony – Having A Long Term Relationship Alone Doesn’t Give You A Right To Support

Many people think that palimony is just alimony with a “P” and that the mere existence of a long term unmarried relationship, where the people live together, is enough to convey some right of support. Having argued the...more

Income For Support Purposes Includes Bonuses And Deferred Compensation – Well No Kidding

We see it all of the time. The support (alimony and child support) obligor’s income is made up of multiple components – typically salary, bonus and/or deferred compensation. In cases where the bonus/deferred comp makes up...more

Alimony Formulas: Yet Another Cautionary Tale

Over the years, I have blogged about alimony formulas, “rules of thumb” and similar ways that alimony is settled. I say settled, because in most instances, courts are not allowed to use a formula to determine alimony. ...more

Coronavirus Creates Estate Planning Opportunities – Divorce Too?

Over the last several weeks, via emails, attending webinars and otherwise, I have frequently heard that the coronavirus may create significant estate planning opportunities. In fact, while writing this post, I Googled...more

Two Months Of Overnights May Not Definitively Mean Cohabitation, But It Should At Least Get You Discovery

As we have said before, the 2014 amendments to the alimony statute allegedly made it easier to terminate alimony if the recipient of the alimony was cohabiting. The statute now provides that alimony may be terminated or...more

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