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Fox Rothschild LLP

Alimony & the Cohabitation Dilemma

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In 1980 Pennsylvania revised its 1929 Divorce Code and for the first time allowed post divorce alimony. It was a tough legislative battle with conservative forces professing concern that divorce would become ubiquitous. One...more

Smith Debnam Narron Drake Saintsing & Myers,...

Understanding Illicit Sexual Relationships and the Legal Ramifications

Illicit sexual relationships can have a significant impact on a spouse’s rights and obligations in the context of separation and divorce, specifically regarding spousal support. How is Illicit Sexual Behavior Defined?...more

Conn Kavanaugh

Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement

Conn Kavanaugh on

While it is standard practice that an asset will be valued and divided in a divorce, what happens when the same asset that was divided between spouses is also used to generate income for support? In such divorce cases, a...more

Lerch, Early & Brewer

D.C. Passes New Law Authorizing Divorces with NO Waiting Period and Expanding Relief Available to Spouses

Lerch, Early & Brewer on

While many of us were struggling to keep recent New Year’s resolutions going, new laws went into effect on January 26, 2024 that altered the landscape of divorce in the District of Columbia....more

Fox Rothschild LLP

Could Your Spouse’s Income Be Suffering “Jet Lag?”

Fox Rothschild LLP on

Since not many of us live in the private aircraft world we will keep this blog mercifully short. The Wall Street Journal on Friday April 12 reported on an audit of Boeing’s deployment of their fleet of executive aircraft....more

Fox Rothschild LLP

My Ex Sold Our House for Huge Money. Why No Change in My Support?

Fox Rothschild LLP on

April Fools brought us a panel decision in Smedley v. Smedley (312 EDA 2023) which takes on the issue of whether home sales or other “one time” transactions are a basis to seek modification of child support or alimony awards....more

Fox Rothschild LLP

Yes, A 29 Year Marriage Warrants Open Durational Alimony

Fox Rothschild LLP on

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

Conn Kavanaugh

Openshaw v. Openshaw Decision Sets Precedent by Considering Savings in Massachusetts Alimony Calculations

Conn Kavanaugh on

A recent Massachusetts Supreme Court decision has broadened the Court’s view on what constitutes the marital lifestyle when awarding alimony. Historically, when awarding alimony in divorce cases, the analysis is based upon a...more

Burns & Levinson LLP

Consideration of “Savings for a Rainy Day” Deemed Appropriate in Determining Amount of Alimony

Burns & Levinson LLP on

It has long been disputed whether alimony paid from one spouse to another should allow the recipient to save for a rainy day. The Supreme Judicial Court of Massachusetts weighed in on that issue for the first time on March 7,...more

Cohen Seglias Pallas Greenhall & Furman PC

More Than Meets the Eye: NJ Supreme Court Cardali Decision’s New Methodology Can Prevent Judicial Backlog and Increased Costs

Family law practitioners everywhere have lauded the New Jersey Supreme Court’s decision last year in Cardali v. Cardali for providing a ‘Big Win for Clarity’ on cohabitation cases and the burden that must be met before a...more

Cozen O'Connor

Don’t Leave A Prenup Off Of Your Wedding Checklist

Cozen O'Connor on

Now that Valentine’s Day is past and Spring is almost upon us, many couples are starting to plan or are in the midst of preparation for their upcoming nuptials. While the focus is usually on the event itself, couples often...more

Fox Rothschild LLP

My Lawyer Won’t Do My Prenup. What’s That About?

Fox Rothschild LLP on

My colleague Jessica Kitain wrote last month (2/14) about the basics of what goes into a premarital/prenuptial agreement. Today we fielded an inquiry about some of the stickier questions that often go unnoticed yet merit some...more

Fox Rothschild LLP

So Alimony Formulas are Sometimes OK?

Fox Rothschild LLP on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Lasher Holzapfel Sperry & Ebberson PLLC

The Nuts and Bolts of Appeals: Preservation, Prejudice, and Presentation

People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more

Fox Rothschild LLP

A 21st Century Visit to the Alimony Bar

Fox Rothschild LLP on

When drafted and adopted as law in the 1980 Divorce Code, Section 706 (now 3706) was disarmingly simple. It said, 706. Bar to alimony - No petitioner is entitled to receive an award of alimony where the petitioner,...more

Ward and Smith, P.A.

How to File for Divorce

Ward and Smith, P.A. on

Marriages may be dissolved by either party when the parties have continuously lived separately and apart for at least one year. However, you are not actually divorced until the District Court enters a Judgment for...more

Fox Rothschild LLP

The New Year’s Resolution Divorce – 2024 Edition

Fox Rothschild LLP on

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

Fox Rothschild LLP

Watch an Equitable Distribution Unfold from the Front Row

Fox Rothschild LLP on

Much of the material we publish comes from Pennsylvania’s Superior Court. In most instances that court is reviewing trial court decisions based on whether the lower court committed an “abuse of discretion.” One of the...more

Smith Debnam Narron Drake Saintsing & Myers,...

What Does a Divorce Mediator Do?

A mediator is a neutral third-party professional who assists parties in negotiating a resolution to their differences. In separation and divorce cases, a divorce mediator assists spouses in resolving issues arising out of...more

Obermayer Rebmann Maxwell & Hippel LLP

Prenuptial Agreement Series (Part 1): Do I Need a Prenup?

A prenuptial agreement, or “prenup”, is a contract or agreement between prospective spouses made in contemplation and advance of marriage. A common misconception is that prenups are only needed if you are a celebrity or have...more

Obermayer Rebmann Maxwell & Hippel LLP

Recent Changes in New Jersey Cohabitation Applications

If you are paying or receiving alimony, you should be aware of recent changes and clarifications to the burden of proof required to make a prima facie case of cohabitation. If you are paying alimony to a former spouse, it...more

Obermayer Rebmann Maxwell & Hippel LLP

Will My Alimony Obligation Last Forever?

In the State of New Jersey, a dependent spouse who primarily relied upon the other spouse’s income to maintain the marital standard of living may be entitled to alimony as a part of an overall resolution of their divorce...more


I Don’t Appreciate Your Alleged Depreciation

Dentons on

In Iowa, child and spousal support (alimony) amounts are mainly determined by each party’s income. But income is not the whole story. Parties may deduct certain qualified expenses, resulting in a lower income amount used in...more

Cohen Seglias Pallas Greenhall & Furman PC

A Win for Divorce Litigants: NJ Supreme Court’s Cardali Decision Provides Clarity on Cohabitation

The New Jersey Supreme Court’s recent decision in Cardali v. Cardali is a clear win for divorce litigants seeking to terminate or suspend alimony payments. The decision provides significant clarity on what is needed to obtain...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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