This case involves a divorced couple who were retired and disabled at the time of their New Jersey divorce in 2006; they both remain disabled today. What is the impact of (a) retirement, (b) Social Security and (c) Medicare on the obligation of the 72-year old ex-husband to continue alimony payments to the ex-wife? Brown v. Brown, New Jersey App. Div., June 1, 2016
Under a recent statutory amendment, a New Jersey divorce court must examine and weigh a list of specific criteria when alimony payments are being reviewed due to the retirement of the payor. Landers v. Landers, January 25, 2016
When a New Jersey alimony payor wants to terminate payments due to the payee’s cohabitation, should the outcome be determined under the new 2014 statutory changes or under prior law? Spangenburg v. Kolakowski, 442 N.J. Super. 529 (App. Div. 2015); January 11, 2016
What reasonable rate of return should be imputed to the ex-husband's admitted $1,000,000 receipt of income, for purposes of recalculating his alimony payments to the ex-wife? Starr. Starr, New Jersey App. Div., October 9, 2015
Under New Jersey family law, post-divorce cohabitation may result in the reduction or termination of alimony. But what happens when the post-divorce cohabitation is with the ex-spouse? Yannuzzi v. Yannuzzi, New Jersey App. Div., August 14, 2015
The determination of alimony under New Jersey law must be based on all the statutory factors. Thus, it was error to elevate the duration of the marriage over the other criteria, in this 15 year marriage. The decision to award permanent alimony is therefore reversed and remanded. Gnall v. Gnall, N.J. (2015); New Jersey Supreme Court, July 23, 2015
The 55- year old ex-husband was entitled to a hearing as to his continued ability to pay New Jersey alimony to the ex-wife, given (a) his involuntary retirement and (b) his greatly increased medical expenses. Pretlow v. Pretlow, New Jersey App. Div., April 1, 2015
Under federal law, a New Jersey divorce litigant might become financially liable for the support of a spouse, through the execution of a form I-864 [Affidavit of Support] : see 8 C.F.R. §§ 213a.2 (a) and (b). Fox v. Lincoln Financial Group, N.J. Super. (App. Div. 2015); New Jersey App. Div., February 27, 2015
Under New Jersey family law principles, cohabitation may be a basis for terminating, reducing or suspending alimony payments. But the key threshold issue is whether the living together arose before or after September 10, 2014, the effective date of the statutory amendment [N.J.S.A. 2A:34-23(n)] that dispenses with proof of economic interdependence between the alleged cohabitants. Schlumpf v. Schlumpf, New Jersey App. Div., February 16, 2015
If uncertified documents are submitted in support of New Jersey family law motions involving alimony, child support and alleged arrears thereof, they may be disregarded by the divorce judge. And when this happens, the ruling will be sustained on appeal. Silver v. Silver, New Jersey App. Div., January 6, 2015