News & Analysis as of

Spouses Alimony Appellate Courts

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Fox Rothschild LLP on

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

Fox Rothschild LLP on

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!

Fox Rothschild LLP on

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

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...

Fox Rothschild LLP on

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

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