Ascertaining whether a supported spouse is cohabiting with a romantic partner in such a way that it constitutes a changed circumstance warranting a modification of alimony is often an issue that family courts have address. In 2014, the New Jersey Legislature modified the alimony statute, N.J.S.A. 2A:34-23(n), to codify factors…
In modern society, it is common for unmarried couples to live together without being married. When an unmarried cohabiting couple separates, however, the rights to equitable distribution and alimony does not exist. No matter how long an unmarried couple has lived together, they do not have the legal rights and…
On December 12, 2016 the Supreme Court of New Jersey decided the case of Thieme-v-Aucoin-Thieme, regarding equitable distribution and/or the use of a constructive trust in a post-judgment dispute over deferred compensation paid to one spouse after the parties’ divorce. In this case, the Plaintiff/Husband had been employed by a…
On September 20, 2016, the Internet was buzzing with reports of Angelina Jolie-Pitt filing for divorce from her long time partner of twelve years and husband of two years, Brad Pitt. The demise of Angelina Jolie-Pitt’s and Brad Pitt’s two year marriage raises questions about the division of their assets…
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…
We have written previously about issues of cohabitation and it’s impact on the right and obligation to receive and pay alimony. We have also written about the courts’ attitudes towards the enforcement of Property Settlement Agreements. On May 3, 2016 the Supreme Court of New Jersey in the matter of Quinn -v- Quinn, — NJ…
Previously we have written about the 2014 modifications to N.J.S.A. 2A:34-23 which dramatically changed the law in New Jersey as it relates to alimony. As outlined in that blog, the statute not only eliminated permanent alimony as a judicial option but clarified the law as it related to the impact…
When it comes to romantic couples “living together”, attitudes have changed from what they were a few decades ago. The negative stigma attached to couples cohabiting outside of marriage has waned and fewer people view unmarried couples who live together as inappropriate or immoral. In fact, many couples…
A bill has passed the New Jersey Senate and Assembly and which is now before the governor that intends to amend the current alimony statute, N.J.S.A. 2A34-23. At present, the alimony statute allows a court to consider (1) permanent alimony; (2) limited duration alimony; (3) rehabilitative alimony; and (4) reimbursement alimony. …
In July I wrote a blog explaining Assembly Bill A3909. This Bill, loosely based on a Statute enacted in Massachusetts, affected a broad range alimony reform. In a nut shell, the Bill eliminated permanent alimony and created formulas that Courts were instructed to utilize in computing the amount and duration…