Articles Tagged with alimony

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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 file0001849487704enforcement of Property Settlement Agreements. On May 3, 2016 the Supreme Court of New Jersey in the matter of Quinn -v- Quinn, — NJ — (2016) [(A-5-14) (074411)], addressed the issue of enforcing terms of a Property Settlement Agreement involving the effect of cohabitation on provisions dealing with alimony in the matter. In this matter the parties, who were married in 1983, entered into a Property Settlement Agreement in 2006 providing that upon the Wife’s cohabitation, per case or statutory law, her alimony would terminate. Continue reading ›

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On September 10, 2014 the New Jersey Legislature amended the alimony statute, N.J.S.A. 2A:34-23.   The Legislature provided for various standards related to a supporting spouse’s retirement,file0001270953716 whether the obligor sought to retire early or whether the obligor spouse sought to retire at full retirement age.   N.J.S.A. 2A:34-23(j) provides that “Alimony may be modified or terminated based upon the prospective or actual retirement age of the obligor”.  Moreover, “There shall be a rebuttable presumption that alimony shall terminate upon the obligor spouse or partner attaining full retirement age, except that any arrearages that have accrued prior to the termination date shall not be vacated or annulled.   Continue reading ›

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19-08-2In any number of cases, the issue of imputation of income can and will arise with regard to one or both parties when issues of alimony or child support arise. Generally speaking, in matrimonial cases an issue over imputation of income often arises when, say one party has been unemployed for some time, or where a party is not earning or reporting income consistent with that person’s ability to do so.  The case law in the State of New Jersey is fairly straightforward when it comes to when and how income should be imputed to an individual, however, there have been some recent developments that highlight some nuances. Continue reading ›

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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 of: cohabitation, retirement and loss of employment on alimony. The effective date of that statute is September 10, 2014. The bar has been awaiting cases dealing with the new alimony statute’s impact on new matters as well as how it would apply to matters resolved prior to its effective date. Continue reading ›

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My colleagues have previously written a number of posts regarding both the Appellate Division decision in the Gnall v. Gnall case, as well as the issuance of legislation that significantly changed the alimony statute in the State of New Jersey as of September 2014.  Recently, on July 29, 2015, the New Jersey Supreme Court issued its decision in Gnall v. Gnall, after having granted certification to review the matter.  Continue reading ›

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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 view “living together” as a way to live without marriage, as part of dating, as a means to reduce expenses or as a useful step or “test run” so to speak in the road towards marriage. Continue reading ›

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The New Jersey Appellate Division this week published the case of Elrom v. Elrom, in which the Husband appealed the provision in the parties’ divorce judgment where the trial court imputed income to the parties for purposes of determining the amount of alimony and child support the Husband had to pay to his former Wife.  The Wife in this case was an attorney licensed to practice in New York and New Jersey.   Continue reading ›

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1409593_gavel_3On September 2, 2014, the New Jersey Appellate Division published an opinion in the case of Krupinski v. Krupinski, reversing the trial court’s decision denying Mr. Krupinski’s motion to terminate alimony, and directing the trial court on remand to provide for an exchange of discovery and the possibility of an evidentiary hearing. The basis for Mr. Krupinski’s application was that his former spouse, from whom he was divorced in 1990, was receiving a large portion of this teacher’s pension through a Qualified Domestic Relations Order (QDRO). Continue reading ›

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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.   Under permanent alimony, there is technically no end to alimony until the payor or payee spouse dies or the payee spouse remarries.   The new proposed alimony statute would replace “permanent alimony” with “open durational” alimony. Continue reading ›

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Most times, when courts award alimony and child support the Payors comply with their court ordered support obligations.  In some instances, unfortunately, compliance with such orders wains and the issue of enforcement of court ordered support obligations must be addressed by the Court.  New Jersey Court Rule 1:10-3 provides a vehicle for the Payee to seek enforcement of support orders through an application for the “Enforcement of Litigant’s Rights” and provides a plethora of coercive vehicles to a court to compel compliance with court ordered support obligations.  Clearly the most effective of these coercive vehicles is the ability to incarcerate the payor until compliance in the form of payment is  forth coming. Continue reading ›