Articles
Articles in the ‘Alimony’ Category
Alimony is Gender Neutral in New Jersey
Following a 20 year marriage the parties were divorced in 2007. The terms contained in a comprehensive property settlement agreement required the wife to pay the husband term alimony for a period of 6 years. The PSA contained an anti-Lepis clause making clear the wife’s alimony obligation to the husband would terminate limited to his death. This meant her alimony obligation would continue in the event of the husband’s remarriage which he did prior to expiration of the alimony term. The Appellate Division agreed with the trial court the application of the bargained for non-modifiability provision was valid and binding leaving the wife on the hook to pay alimony for the entire 6 year term. Schaefer v. Kamery f/k/a Schaefer, New Jersey App. Div., November 19, 2012
Suspension of Alimony Payments in Lieu of Termination or Reduction
When considering alternatives to terminating or continuing alimony because of a payor spouse’s temporary job loss, the trial court has the option of suspending payments pending a return to gainful employment. Foley v. Foley, New Jersey App. Div., October 11, 2012
The Need for a New Jersey Trial Court to Address Statutory Factors
This case represents a good illustration for a trial court to address the statutory factors when determining alimony and equitable distribution. Bice v. Bice, New Jersey App. Div., October 19, 2012
Fault Makes a Comeback Determining Alimony in New Jersey
Drawing on the two narrow exceptions carved out in Mani v. Mani, 183 NJ 70 (2005) in which the fault has affected the parties’ economic life and cases in which the fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice, the Appellate Division reversed the trial court’s award of alimony to the wife where she was found to have stolen and embezzled from the jointly owned/operated family business and remanded the matter for further consideration warranting a denial of her otherwise valid claim for alimony. Clark v. Clark, New Jersey App. Div., October 19, 2012
Retroactive Downward Modification of Alimony
This case provides a good analysis of the court’s ability to exercise discretion when it comes to retroactive downward modification of alimony. Gordon v. Gordon, June 7, 2012
Securing An Alimony Obligation Through The Estate
It’s customary to secure an alimony obligation by life insurance on the life of the payor. In this instance the former husband was 70 years old making the cost of the premium prohibitive. The Appellate Division determined given the fact there were sufficient assets available to the former husband, it permitted to substitute an equivalent lien against his estate, thereby obviating the ongoing cost of the insurance premiums. Barton v. Barton, New Jersey App. Div., May 24, 2012
Anti-Lepis Provision in Property Settlement Agreement
Although New Jersey law permits alimony to be modified after the divorce the Appellate Division upheld the trial court’s determination enforcing a “no modification” provision contained in the Property Settlement Agreement mutually waiving alimony. Gallagher v. Gallagher, New Jersey App. Div., April 19, 2012
10 Year Limited Durational Alimony Appropriate for 12 1/2 Marriage
Appellate Division affirmed trial court’s determination ordering 10 years of limited duration alimony (LDA) in this 12½ year marriage. Newman v. Newman, New Jersey App. Div., January 12, 2012
Good Faith Retirement Merits Review of Alimony Obligation
The Appellate Division determined it was reversible error for the trial court to summarily reject the 61 year-old ex-husband’s motion to terminate his alimony payments due to his retirement. McPhillips v. McPhillips, New Jersey App. Div., December 16, 2011
Alimony Downward Modification Due to Decrease Employment Income
Alimony payor demonstrated a substantial decrease in employment income giving rise to the trial court reducing his alimony obligation to the former wife payee. Persaud v. Persaud, New Jersey App. Div., December 16, 2011
