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Articles Posted in alimony

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New Jersey Supreme Court Addresses Discretion of Judges When Interpreting Agreements for Termination of Alimony Due To Cohabitation

We have written previously about issues of cohabitation and it’s impact on the right and obligation to receive and pay alimony. We have also written about the courts’ attitudes towards the enforcement of Property Settlement Agreements. On May 3, 2016 the Supreme Court of New Jersey in the matter of Quinn -v- Quinn, — NJ…

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Appellate Division Clarifies Standard in New Jersey for Modification of Alimony When the Payor Spouse Reaches Full Retirement Age

On September 10, 2014 the New Jersey Legislature amended the alimony statute, N.J.S.A. 2A:34-23.   The Legislature provided for various standards related to a supporting spouse’s retirement, whether the obligor sought to retire early or whether the obligor spouse sought to retire at full retirement age.   N.J.S.A. 2A:34-23(j) provides that…

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Imputation of Income for Support Cases in New Jersey – The When and the How…

In any number of cases, the issue of imputation of income can and will arise with regard to one or both parties when issues of alimony or child support arise. Generally speaking, in matrimonial cases an issue over imputation of income often arises when, say one party has been unemployed…

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Appellate Division Addresses Retroactivity of New Alimony Statute Relating to Cohabitation

Previously we have written about the 2014 modifications to N.J.S.A. 2A:34-23 which dramatically changed the law in New Jersey as it relates to alimony. As outlined in that blog, the statute not only eliminated permanent alimony as a judicial option but clarified the law as it related to the impact…

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New Jersey Supreme Court Issues What Could Be the Last Decision on Permanent Alimony…

My colleagues have previously written a number of posts regarding both the Appellate Division decision in the Gnall v. Gnall case, as well as the issuance of legislation that significantly changed the alimony statute in the State of New Jersey as of September 2014.  Recently, on July 29, 2015, the…

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What is the Correlation Between and Consequence of Premarital Cohabitation and Divorce?

When it comes to romantic couples “living together”, attitudes have changed from what they were a few decades ago.   The negative stigma attached to couples cohabiting outside of marriage has waned and fewer people view unmarried couples who live together as inappropriate or immoral.   In fact, many couples…

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Imputation of Income for the Calculation of Child Support and Alimony in New Jersey

The New Jersey Appellate Division this week published the case of Elrom v. Elrom, in which the Husband appealed the provision in the parties’ divorce judgment where the trial court imputed income to the parties for purposes of determining the amount of alimony and child support the Husband had to…

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New Jersey Appellate Division Addresses Post-Divorce Pension Enhancement Factors

On September 2, 2014, the New Jersey Appellate Division published an opinion in the case of Krupinski v. Krupinski, reversing the trial court’s decision denying Mr. Krupinski’s motion to terminate alimony, and directing the trial court on remand to provide for an exchange of discovery and the possibility of an…

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New Jersey Mulls an End to Permanent Alimony

A bill has passed the New Jersey Senate and Assembly and which is now before the governor that intends to amend the current alimony statute, N.J.S.A. 2A34-23.   At present, the alimony statute allows a court to consider (1) permanent alimony; (2) limited duration alimony; (3) rehabilitative alimony; and (4) reimbursement alimony.  …

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Does a New Jersey Court Have to Provide Counsel and Experts to Litigants Who Do Not Pay Court Ordered Support Before Incarcerating Them?

Most times, when courts award alimony and child support the Payors comply with their court ordered support obligations.  In some instances, unfortunately, compliance with such orders wains and the issue of enforcement of court ordered support obligations must be addressed by the Court.  New Jersey Court Rule 1:10-3 provides a vehicle…

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