News & Analysis as of

Alimony Appellate Courts

Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

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U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Carlton Fields

Florida Appeals Court Decisions Week of March 24 - 28, 2025

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U.S. Eleventh Circuit Court of Appeals  - USA v. Murat - sentencing - Johnson v. Fla DOC - Confrontation Clause, medical report - US Sugar v. US Army Corp of Eng’rs - administrative challenge, Everglades...more

Fox Rothschild LLP

Appellate Division Addresses Termination of Alimony at Retirment, Focusing on Whether Recipient Had or Could Have Saved for...

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Even before the alimony statute was amended in 2014, there was a misconception that permanent alimony was actually permanent and could not be modified under any circumstances. I heard that tired argument many times despite...more

Fox Rothschild LLP

Alimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her Finances

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We have written a lot about termination of alimony based upon cohabitation, both before the 2014 Amendment to the alimony statute making it easier, and after the Supreme Court’s decision in the Cardali case. Typically,...more

Fox Rothschild LLP

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

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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

Fox Rothschild LLP

Appellate Division Rejects Formula for Alimony – Again!

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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

Lasher Holzapfel Sperry & Ebberson PLLC

Can I Appeal a Ruling on a Family Law Case in Washington?

If a family law case proceeded to trial or ended in any way other than a settlement, then chances are one (or both) of the parties is unhappy with the result. Perhaps one party feels like an important aspect of his or her...more

Fox Rothschild LLP

New Jersey Appellate Division Rules: COVID is Not a Permanent Change of Circumstances to Modify Support

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Since the onset of the pandemic, New Jersey family law practitioners and litigants alike have been wondering how the obvious financial repercussions the pandemic has wrought on individuals’ financial circumstances would be...more

Fox Rothschild LLP

Appellate Division Defines The Elements A Movant Must Present In Order To Demonstrate A Prima Facie Case Of Cohabitation

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Six years, nine months and 7 days following the enactment of New Jersey’s amended alimony statute’s cohabitation provision on September 10, 2014 (N.J.S.A. 2A:32-23n) the New Jersey Appellate Division provided long awaited and...more

Fox Rothschild LLP

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

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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

Fox Rothschild LLP

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

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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

Fox Rothschild LLP

Alimony Formulas: Yet Another Cautionary Tale

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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

Fox Rothschild LLP

Appellate Division Clears Up The Alimony Statute Application For Early Retirement In Pre-Amendment Cases

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The Appellate Division recently published a decision, Amzler v. Amzler, making it precedent setting on the use of the new alimony statute in a case of a payor’s early retirement, where parties entered into an alimony...more

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