New Jersey Family Law

RETIREMENT ALIMONY CALDWELL FAIRFIELD WEST ORANGE ROSELAND ESSEX COUNTY NEW JERSEY MATRIMONIAL DIVORCE ATTORNEY MEDIATION

The ex-husband's application to terminate his New Jersey alimony payments was properly denied : his retirement at age 61 was deemed "early" and did not constitute good cause.       Hendrickson v. Hendrickson, New Jersey App. Div., October 29, 2012

ALIMONY DIVORCE RETIREMENT CALDWELL MONTCLAIR MAPLEWOOD SOUTH ORANGE ESSEX COUNTY NJ MATRIMONIAL MEDIATOR LAWYER

The New Jersey divorce judge erred in denying, without a hearing, the ex-husband's motion to terminate alimony payments after he reached 65 and retired.    Parish v. Parish, New Jersey App. Div., July 3, 2012

DIVORCE IRA ACCOUNT NJ MATRIMONIAL MORRISTOWN CEDAR KNOLLS DENVILLE MEDIATION LAWYER

Although New Jersey law [N.J.S.A. 25:2-1(b)] generally protects certain trust funds from creditors, an IRA remains subject to levy and attachment for failure to comply with a New Jersey divorce court order.   Gottbetter v. Gottbetter, New Jersey App. Div., July 2, 2012

NEW JERSEY DIVORCE RETIREMENT BENEFITS MEDIATION ARBITRATION ATTORNEY

The parties entered into a New Jersey divorce agreement, in which she waived any claim to his 401k plan benefits. In subsequent federal litigation between the ex-wife and the estate of the ex-husband, was this waiver enforced?       Estate of Kensinger v. URL Pharma, Inc., United States Court of Appeals for the 3d Circuit, March 20, 2012

CEDAR GROVE MAPLEWOOD MILLBURN SOUTH ORANGE ESSEX COUNTY NJ DIVORCE PENSION QDRO MEDIATOR LAWYER

In New Jersey divorce equitable distribution, what is the proper way to deal with the survivor benefit portion of a pension benefit?     Mammone v. Mammone, New Jersey App. Div., January 31, 2012

WANAQUE POMPTON PLAINS NORTH HALEDON WEST MILFORD PASSAIC COUNTY NJ DIVORCE RETIREMENT MEDIATOR

It was reversible error for the New Jersey divorce judge 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 19, 2011

NEW JERSEY RETIREMENT DIVORCE MATRIMONIAL MEDIATION LAWYER

 
For a thorough review of New Jersey family law governing the division of retirement assets, read this case.     Barr v. Barr, N.J. Super. (App. Div. 2011); New Jersey App. Div., January 19, 2011

HUDSON COUNTY NJ DIVORCE MEDIATOR LAWYER

The ex-husband appeals from orders denying his various applications regarding his retirement annuity, payable to his ex-wife as contingent survivor annuitant.   Isko v. Engelhard Corporation and Jados; New Jersey App. Div., August 17, 2010

ROSELAND ESSEX FELLS CALDWELL SOUTH ORANGE ESSEX COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

Although the New Jersey divorce judge was correct in ruling the ex-wife had waived her right to the disability retirement pension, she was entitled to share in the ordinary retirement pension.    Bunalski v. Bunalski, New Jersey App. Div. June 9, 2010

VERONA CEDAR GROVE CALDWELL ESSEX COUNTY NEW JERSEY MATRIMONIAL MEDIATION ATTORNEY

After an 8 day trial, the wife was awarded permanent alimony of $6000 per month. But the New Jersey divorce judge also ruled that the 46 year-old husband's retirement would terminate alimony. This was premature : such prospective rulings are improper and can only be considered if/when the appropriate circumstances warrant.       Rudnitsky v. Rudnitsky, New Jersey App. Div., March 31, 2010