MORRISTOWN NEW JERSEY MORRIS COUNTY DIVORCE MEDIATION ALIMONY

The ex-wife moved to convert rehabilitative alimony to permanent alimony. The New Jersey divorce judge analyzed the parties’ financial history and concluded that the ex-wife, a physician, was not a financially dependent spouse but had an income comparable to the ex-husband, also a physician. Thus, rehabilitative alimony reflected the period during which her income would remain depressed because of the need for recovery from a leg injury she sustained. The motion was properly denied because her unsubstantiated certification of a slump in business income – unsupported by documentation and explained only by the broad generalization that fewer births occurred geographically - was insufficient to sustain her claim of economic dependence. Nor did the court abuse its discretion in awarding the ex-husband counsel fees. Those fees were due to his repeated attempts to obtain her compliance with prior awards.       Jones v. Duch, New Jersey App. Div., December 19, 2007