February 29, 2016

Brand New NJ Alimony Reform Case Law

Hot off the presses!  Application of the new alimony statute modification provision based on retirement was tested in the Superior Court of New Jersey, Appellate Division case, Landers v. Landers, Docket Number A-3931-14T3, which was approved for publication on February 22, 2016.  In Landers the court clarifies the standard for retirement based alimony termination or … Continue reading Brand New NJ Alimony Reform Case Law

By Mindey Elgart
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June 22, 2015

New Jersey’s New Alimony Law

New Jersey’s alimony law, N.J.S.A. 2A:34-23 was revised on September 10, 2014. Some of the changes in New Jersey’s controversial alimony law clarify durational limits and provide factors for modification and termination of alimony.  Probably the most significant change in the New Jersey Alimony Statute is that the term “permanent” alimony has been replaced with … Continue reading New Jersey’s New Alimony Law

By Mindey Elgart
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December 23, 2011

Permanent Alimony Reform

Currently New Jersey still provides for permanent alimony under certain circumstances including long term marriage and/or a significant discrepancy in earning capacity between the parties.  According to a recent article by Elizabeth Benedict in the Huff Post, times they are a changing.  A grassroots movement in Massachusetts begun by an individual, Stephen Hitner, brought the … Continue reading Permanent Alimony Reform

By Mindey Elgart
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November 4, 2011

Top 10 Divorce Rulings

Family law varies from state to state, however, historically the US Supreme Court and other high level courts have handed down some pivotal divorce rulings. The following is the very interesting Huff Post list of top 10 divorce cases. Diemer v. Diemer, 1960, established that “refusal to have sex with one’s spouse constitutes abandonment of … Continue reading Top 10 Divorce Rulings

By Mindey Elgart
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September 16, 2011

Alimony and Fault

It is a familiar lament…my spouse cheated on me so it’s not fair for me to have to pay alimony.  The hurt spouse’s point is well taken.  The law, however, views fault as merely a factor among many others that may in rare, egregious cases be taken into account. Fault is considered in very, very … Continue reading Alimony and Fault

By Mindey Elgart
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August 19, 2011

What Issues Are Addressed in Divorce Mediation?

The same issues are addressed in divorce mediation that are addressed when a couple divorces through litigation in court.  The biggest difference is that the parties are not adversaries in the traditional sense, but are working toward a resolution of their legal issues.  It’s not necessary that the mediating couple is on amicable terms.  While … Continue reading What Issues Are Addressed in Divorce Mediation?

By Mindey Elgart
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July 15, 2011

Should Alimony be Predictable?

There are child support guidelines so that parents can determine the amount of money each must contribute for the purpose of raising their child.  The law dictates how the numbers to be plugged into the formula should be calculated.  When special needs or circumstances exist, the law provides for deviation from the formula so that … Continue reading Should Alimony be Predictable?

By Mindey Elgart
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March 18, 2011

Calculating Alimony in New Jersey and Pennsylvania

There are significant differences and similarities in the law on alimony in New Jersey and Pennsylvania. The law in New Jersey is more presumptive of an award of alimony than it is in Pennsylvania.  The court in New Jersey is more likely to equitably distribute the parties’ property equally and then order a more generous … Continue reading Calculating Alimony in New Jersey and Pennsylvania

By Mindey Elgart
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