Divorce and Alimony in South Jersey

Both during and after a divorce, one spouse may require financial support from the other; this financial support is known as alimony. Alimony allows the dependent spouse to maintain a lifestyle as close as possible to what the couple enjoyed during the marriage, at least until the dependent spouse is able to start supporting themselves.

In New Jersey, there are five types of alimony:

1. Temporary Alimony: this is alimony awarded to a dependent spouse to help cover living expenses while the divorce is still pending.
2. Limited Duration Alimony: this is awarded to the dependent spouse based on financial need and that lasts until the dependent spouse becomes self-supporting. The duration cannot exceed the length of the marriage, with limited exceptions.
3. Open Durational Alimony: this is typically awarded to a dependent spouse after a long marriage of 20 years or more.
4. Rehabilitative Alimony: this alimony is intended to help the dependent spouse get back on their feet and provide training and education for them to become self-supporting. The dependent spouse requesting rehabilitative alimony must provide the steps to be taken for rehabilitation and the time line for same.
5. Reimbursement Alimony: this alimony compensates the dependent spouse who supported the other spouse through advanced education, and who expected to enjoy the fruits of that labor, but was not able to because of the divorce.

To calculate the length and amount of an alimony award, a court will look at the following factors:

• The dependent spouse’s actual needs and the other spouse’s ability to pay
• The duration of the marriage
• Each spouse’s age and health
• Each spouse’s income, earning capacity, education level, and employability
• The standard of living during the marriage
• Parental responsibilities
• The time and expense necessary for the dependent spouse to become self-supporting
• Each spouse’ contributions to the marriage (financial and non-financial)

Alimony awards can also be terminated or modified if there is a change in circumstances. A change in circumstances can include:

• Change in the income of the supporting spouse
• Retirement of the supporting spouse

• If the court made an order based on an event that it assumed would occur, but then the event did not occur
• Remarriage of the dependent spouse
• Death of either spouse
• Cohabitation of the dependent spouse
• Substantial post-judgment changes in circumstances of either spouse

Every divorce is different and, therefore, the amount of alimony potentially awarded can vary widely based on the specific circumstances of each case. Consulting an experienced family law attorney in the South Jersey area can ensure that alimony awarded is calculated in a manner that is not overly burdensome to the supporting spouse and fair to the dependent spouse.

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Sex Offenders “Good to go” in Church Youth Groups

The Anniversary of Petrillo v. Bachenberg (Liability of Attorneys to Non-Clients)

On this date in 1995, the Supreme Court decided Petrillo v. Bachenberg, 139 N.J. 472 (1995).  In the first sentence of his majority opinion, Justice Pollock framed the issue as “whether under the circumstances of this case the attorney for the seller of real estate owes a duty to a potential buyer.”  By a 5-1 […]

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“Appeal” Procedure to Same Judge Who Already Ruled “Below” Was Impermissible

In re Application for a Retail Firearms Dealer’s License Renewal by Cayuse Corp. LLC, ___ N.J. Super. ___ (App. Div. 2016).  This decision, issued by Judge Ostrer for the Appellate Division today, addresses the denial of a renewal of a retail firearms dealer’s license.  The applicant (“Cayuse”) was seeking to renew a license that had […]

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Spring Cleaning & How It Effects Divorce Statistics

Recently, the New Jersey Administrative Office of the Courts provided statistics which seem to confirm that the upcoming spring season will bring with it a significant uptick in the number of divorce filings. Such data supports what divorce lawyers have long known; namely, that increased filings are the result of many couple’s New Year resolutions to put their unhappy marriages “in the rear-view mirror,” along with the time it takes for their attorneys to gather information, prepare, and file the Complaints for Divorce.

As a result, it probably would not surprise you to learn that the lowest number of filings occur during the holiday season immediately preceding the New Year. Meanwhile, it’s been shown that divorce filings tend to increase again around September, after summer vacations end and children go back to school.

Even though the decision to file for divorce is personal, the overarching statistics show that there are measurable patterns that repeat from year to year. Despite the data, anyone seeking legal divorce advice should consult with counsel who specialize in or devote a substantial part of their practice to family law, as each case deserves particularized attention to achieve a successful outcome.

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30 Years Since Goldman v. Weinberger, the “Yarmulkes in the Military” Case

On March 25, 1986, the Supreme Court of the United States decided Goldman v. Weinberger, 475 U.S. 503 (1986).  Simcha Goldman, an ordained rabbi an Orthodox Jew, was serving in the United States Air Force.  Goldman wore a yarmulke, a head covering required of observant Jews at all times.  An Air Force regulation, however, stated […]

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Stark & Stark’s Tim Duggan Guest Starred on “Talented People Radio”

Stark & Stark Shareholder Tim Duggan, Chair of the Bankruptcy & Creditors’ Rights, Eminent Domain, and Real Estate Tax Appeal Groups, guest starred on the internet radio show “Talented People Radio” on March 23, 2016. The show will air again on March 24 at 2:00am and March 26 at 10:00pm. “Talented People Radio” is produced by the Hunterdon County Chamber of Commerce, and is hosted by Colleen Kelly and Jeanne Murphy.

Mr. Duggan discussed various aspects of real estate tax appeals, as well as an explanation of the PennEast Pipeline. In addition, he also answered questions about Chapter 91 requests, how tax assessments affect condominium associations and homeowner associations, and how long the tax appeals process typically takes.

Furthermore, “Talented People Radio” is hosted by Jeanne Murphy PR, which also airs “Talented People TV” on Channel 30 in New Jersey. “Talented People Radio” broadcasts every Wednesday from 3:00-5:00pm, and that week’s session is aired again that Thursday at 2:00am and Saturday evening at 10:00pm. You can also listen to the broadcast online.

For more information about Mr. Duggan or for any questions regarding real estate tax appeals or the PennEast Pipeline, contact our Bankruptcy & Creditors’ Rights Group to speak with Mr. Duggan.

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