Articles Tagged with retirement

The calendar turning to September signifies different things to different people. For some it signals the court-rules-225x300end of heat and humidity, cooler temperatures and changing leaves. For others, it’s the kids finally going back to school. To still others, it signals the start of the football season, the excitement of baseball pennant races and playoffs, or the opening of basketball or hockey training camps. However, for lawyers such as myself, the holidays come early as each September brings with it special gifts, namely the annual amendments that have been approved by our Supreme Court to the Rules Governing the Courts of the State of New Jersey.

Unlike last year, a number of these recent Rule Amendments directly impact upon Family Part practice, many being in response to, or in clarification of, statutory changes that went into effect over the last few years. I will summarize and discuss these Amendments over the course of several blog posts.

Arbitration

I would like to begin this blog post by thanking all those who are currently serving in the United States military and to all Veterans  that have served. Currently, there are approximately 22 million veterans of the U.S. armed forces and 1.5 million currently serving. On September 15, 2017, the U.S. Supreme Court issued a ruling potentially affecting their military families. The Supreme Court unanimously ruled in May, 2017, in the case of Howell v. Howell (No.15-1037) that a state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits. Continue reading ›

There are some points where federal law intersects with or affects the economic consequences of pending or finalized divorces. Recently one of those point of intersection was the topic Job-Application-SSN-300x225of conversation of a prospective client. Her concern I am sure are shared by many. The question dealt with Social Security and how one computes the 10 year requirement for derivative benefits. Continue reading ›

In September 2014, the New Jersey Legislature amended this State’s statute on alimony.   Among thefile0001270953716 changes that the new alimony statute contains was a provision related to retirement.    The addition that the Legislature made to the alimony statute to include a provision for alimony is lengthy.  N.J.S.A. 2A:34-23(j) now provides that alimony may be modified or terminated “upon the prospective or actual retirement of the obligor.”   Continue reading ›

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,file0001270953716 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 “Alimony may be modified or terminated based upon the prospective or actual retirement age of the obligor”.  Moreover, “There shall be a rebuttable presumption that alimony shall terminate upon the obligor spouse or partner attaining full retirement age, except that any arrearages that have accrued prior to the termination date shall not be vacated or annulled.   Continue reading ›

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.   Under permanent alimony, there is technically no end to alimony until the payor or payee spouse dies or the payee spouse remarries.   The new proposed alimony statute would replace “permanent alimony” with “open durational” alimony. Continue reading ›

According to a March, 2013 publication from the National Center for Family & Marriage Research at Bowling Green State University, authors Susan L. Brown and I-Fen Lin discussed the divorce rate for adults over the age of 50 in their article elderlyentitled “The Gray Divorce Revolution: Rising Divorce among Middle-aged and Older Adults, 1990-2010”.  Continue reading ›