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A Trial Is Not The Only Way To Settle Your Divorce

Many clients believe that if they file for divorce, the road to resolution is litigation and a trial. While naturally, that is the final step if a settlement is not reached, divorce trials are reasonably uncommon in New...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

Court Rejects Predictable Arguments on Setting Aside a Prenup, and on Summary Judgment No Less!

Litigating cases involving a prenuptial agreement can be frustrating at times. When prenups are done right, there is proper disclosure, both parties have counsel or acknowledge that they had a right to counsel, there is...more

Custody Decision Vacated Over Failure to Interview 10 Year Old To Find Out His Preference

I started reading C.G. v. D.W., an unreported (non-precedential) Appellate Division case released on March 1, 2024, sucked in by the opening sentence about the court’s denial of an intra-state move. As there aren’t that many...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

Can a Bad Social Media Post Lead to a Final Restraining Order?

Social media has become a prevalent part of people’s lives. Many people post about how great their life is or about the good things that their children do (guilty as charged.) Others debate politics. Some post pictures of the...more

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...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

When it Comes to Shared Parenting, Shouldn’t the Ability to Co-Parent be Paramount?

Almost like King Solomon suggesting that a child be cut in two so that each parent can have half, more and more, I am hearing about judges and custody evaluators who default to 50-50 shared parenting. Now, that isn’t the law....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

The New Year’s Resolution Divorce – 2023 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

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

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

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

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

Is the Prenuptial Agreement Signed After The Wedding Really A Prenuptial Agreement?

I have seen this more than one time in my career. One party (or his/her family members) really wants there to be a prenuptial agreement but, either due to lack of time, fear/cowardice, not having your act together, or any...more

The New Years Resolution Divorce

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

If You Want To Keep Your Final Restraining Order, Maintaining A Sexual Relationship With The Defendant Is A Bad Idea

More than 11 years ago, I wrote a post on this blog entitled The Abuse and Misuse of the Domestic Violence Statute. From the statistics, we can see that this is still one of the most read items we have published, because the...more

Appellate Division Gives Guidance Regarding Life Insurance To Secure Alimony

Yesterday, I blogged on the S.W. v. G.M. case in a post entitled More from the Appellate Division on Lifestyle, Foulas and the Concept of Income Equalization. In that blog, I noted that the S.W. court also addressed the...more

2/26/2020  /  Alimony , Divorce , Life Insurance , Spouses

More From The Appellate Division On Lifestyle, Formulas And The Concept Of Income Equalization

A few weeks ago, I authored a post on this blog entitled Debunking the Myth That the Percentage Used in the So-Called “Alimony Rule of Thumb” Should Go Down as the Payer’s Income Goes Up. That post reiterated that the Court’s...more

2/25/2020  /  Alimony , Divorce , Marriage , Spouses

Debunking The Myth That Percentage Used In The So-called “alimony Rule Of Thumb” Should Go Down As The Payer’s Income Goes Up

It has been said over and over again that there are no formula’s to determine alimony. As I have blogged in the past, other than one legal malpractice referencing the formula or “rule of thumb”, virtually every time the...more

The New Year’s Resolution Divorce- UPDATED

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

12/31/2019  /  Divorce , Marriage , Spouses
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