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Articles Posted in Alimony

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Alimony in NJ: Bermeo v Bermeo and Post Judgment Modification

For long-term relationships, the question of alimony in NJ is often hotly contested in a dissolution of marriage case. In a recent New Jersey Case, Bermeo v Bermeo, the court decided whether or not to increase alimony payments after a property settlement agreement. The parties got married in 1986. Their…

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New Jersey Alimony Laws and the Case of Hersch v. Hersch

In a recently unreported case, Hersch v Hersch, the court once again was called upon to interpret New Jersey alimony laws. The parties had been married 15 years when they decided to divorce in 2010. They had two children of the marriage, who, at the time of this final decision,…

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NJ Alimony Law: When to File a Motion to Modify Alimony Based on Retirement

In 2014 the New Jersey legislature amended the statutes that relate to alimony. Prior to the amendments, a person paying alimony had to actually retire before he or she could ask the court to modify the alimony. That made it difficult for the person paying alimony to plan for his…

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NJ Alimony Agreements and Retirement Pre- and Post- Amendments

On September 10, 2014, the New Jersey alimony laws changed, making a serious change on the prior state of the law. One seemingly small part of the statute now creates a scenario whereby it is presumed that alimony will terminate upon retirement, unless the person receiving alimony proves that it…

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IN NEW JERSEY TO MODIFY ALIMONY, CHANGE OF CIRCUMSTANCES MUST BE PERMANENT

New Jersey’s standard for modification of an alimony award is based upon a change of financial circumstances such that a modification of the award is warranted. More importantly, the financial change of circumstances cannot be of a temporary nature, but must be of a permanent nature. The permanent change standard…

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May a Court Impute Income when Calculating Alimony If the Party is Already Employed Full Time?

The calculation of alimony payments upon divorce can be a tricky undertaking. In New Jersey, a family court judge will look at the financial lives of both spouses, and then apply an appropriate set of factors to determine an appropriate payment amount. Of course, the judge must have access to…

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ALIMONY IN NEW JERSEY-IT’S NOT WHAT IT USED TO BE

You’re facing divorce. Your soon-to-be ex earns a pretty good living. You, not so much. You want alimony. You’ll get it, right? Possibly, but not forever. The New Jersey legislature significantly overhauled the state’s alimony laws in September 2014, tightening up on the old concept of permanent alimony after long-term…

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FREQUENTLY ASKED QUESTIONS FAQs ABOUT ALIMONY AND COHABITATION UNDER NEW JERSEY’S AMENDED ALIMONY STATUTE

How is cohabitation defined under the amended alimony statute in NJ? The amended alimony statute which was signed into law on September 10, 2015 defines cohabitation as a “mutually supportive intimate personal relationship” whereas the parties have taken on “duties and privileges that are commonly associated with marriage.” Does a…

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FREQUENTLY ASKED QUESTIONS FAQs IN REGARD TO THE AWARD OF ALIMONY IN NJ

What are the different types of alimony in NJ? There is Open Durational Alimony (replaced permanent alimony in the amended statute and applies to marriages twenty years or more), Rehabilitative Alimony (granted to a litigant for a short term to assist them to become financially self-sufficient through education and training),…

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