The legal fees incurred with regard to a divorce can be substantial. I have written several blog posts in the past cautioning litigants of how their decisions and actions during a divorce matter can dramatically impact the level of legal fees that can be generated, and the ways litigants can…
Articles Posted in alimony
Some Implications of the New Tax Code on the Support of Children
At the end of 2017, Congress passed the long awaited Tax Cuts and Jobs Act of 2017, which was a sweeping tax reform act that broadly amended the Internal Revenue Code of 1986. Tax rates were lowered in general for businesses. As for individuals, the tax code may be more…
Could a Victim of Domestic Violence Be Required to Pay Alimony to the Abusive Spouse?
Most people would be shocked to find out that an individual who obtains a final restraining order against their spouse could be ordered to pay alimony to support his/her abuser. The Prevention of Domestic Violence Act (“Act”) specifically states that victims of domestic violence are entitled to financial support from…
How the 2017 Tax Reform Act Impacts Divorcing Couples
The 2017 Tax Reform Act has been signed into law by President Trump. This law significantly changes the tax liability of individuals. For individuals, it preserves the marriage penalty forcing dual income households to file jointly to increase their tax bracket or face the faster escalated tax rates imposed on those married filing…
United States Supreme Court Issues Ruling Addressing Divorced Spouse’s Rights to Ex-Spouse’s Military Pension
I would like to begin this blog post by thanking all those who are currently serving in the United States military and to all Veterans that have served. Currently, there are approximately 22 million veterans of the U.S. armed forces and 1.5 million currently serving. On September 15, 2017, the U.S. Supreme Court issued a…
Words Matter: Common Misconceptions
I was at a social event recently. A woman attending that event, after learning that I was a divorce attorney, came up to me. She told me that her ex-husband had just filed court papers seeking to modify or terminate her alimony payments. With indignation in her voice she explained…
Modifying Alimony Under the 2014 Amendments to New Jersey’s Alimony Statute When the Obligor Spouse’s Income Reduces
In Mills v. Mills, 447 N.J. Super. 79 (Ch. Div. 2016), the family court was confronted with the issue of whether the defendant (payor spouse) should receive a reduction in his alimony obligation upon the loss of long-term employment and his subsequent hire at a new job – at a…
New Jersey Family Court Interprets Standard for Prospective Retirement in Alimony Cases
In September 2014, the New Jersey Legislature amended this State’s statute on alimony. Among the changes that the new alimony statute contains was a provision related to retirement. The addition that the Legislature made to the alimony statute to include a provision for alimony is lengthy. N.J.S.A. 2A:34-23(j)…
What is the Impact of a Couple Living Beyond Their Means During the Marriage Upon an Alimony Award?
It is a well settled proposition in New Jersey that the “goal of a proper alimony award is to assist the supported spouse in achieving a lifestyle that is reasonably comparable to the one enjoyed SONY DSC while living with the supporting spouse during the marriage.” Weishaus v. Weishaus, 180…
MATRIMONIAL P.I.: Practical Considerations in the Use of Private Investigators in Matrimonial Matters
When you mention Private Investigators in the context of a matrimonial dispute, most people think of what is portrayed in movies or in television of a gumshoe Detective tailing a car or hiding in the bushes, trying to get the goods on a suspected cheating spouse. While hiring a private…