Under the guise of the concept that “it costs more to live in two houses than it does one” or “when parties are living separate, they both can’t continue to enjoy the marital lifestyle”, very often, when deciding pendente...more
While the issue of savings being a component of alimony has been around for decades, since the Lombardi case in 2016 (which we previously blogged about), the issue of a savings component, especially where parties live...more
I have seen this more than one time in my career. One party (or his/her family members) really wants there to be a prenuptial agreement but, either due to lack of time, fear/cowardice, not having your act together, or any...more
5/3/2021
/ Child Support ,
Civil Unions ,
Declaratory Judgments ,
Disclosure ,
Duress ,
Inheritance ,
Life Insurance ,
Marital Assets ,
Marriage ,
Prenuptial Agreements ,
Settlement Agreements ,
Spouses
For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a...more
More than 11 years ago, I wrote a post on this blog entitled The Abuse and Misuse of the Domestic Violence Statute. From the statistics, we can see that this is still one of the most read items we have published, because the...more
Yesterday, I blogged on the S.W. v. G.M. case in a post entitled More from the Appellate Division on Lifestyle, Foulas and the Concept of Income Equalization. In that blog, I noted that the S.W. court also addressed the...more
A few weeks ago, I authored a post on this blog entitled Debunking the Myth That the Percentage Used in the So-Called “Alimony Rule of Thumb” Should Go Down as the Payer’s Income Goes Up. That post reiterated that the Court’s...more
It has been said over and over again that there are no formula’s to determine alimony. As I have blogged in the past, other than one legal malpractice referencing the formula or “rule of thumb”, virtually every time the...more
For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a...more
An issues that frequently arises is the treatment of an inheritance received by a spouse during the marriage. The basic rule is that any property received via gift or inheritance during the marriage is exempt from equitable...more
For decades, when a custodial parent wanted to move out of state, it would not be unusual to hear that if the court or other party won’t let me leave New Jersey, she will just move to Cape May, or some other point far away...more
For the second time in about a month, the Appellate Division has reversed improvidently granted discovery when there hadn’t been a showing of a change of circumstance. As noted by Eliana Baer on this blog on August 12, 2019...more
In one of the earliest posts I did on this blog going back ten years or more, I posited that you can only really settle when the time is right and when both parties are ready. In fact, I felt then as I feel now, that you can...more
We often deal with cases in which one or both spouses own a business. In many of those cases, a spouse received their interest in a business prior to the marriage, either from a family member, or otherwise. With regard to...more
We have all seen cases where one of the parties is unreasonable if not out of control. I am not talking about taking a hard of aggressive legal position. I am not talking about taking an aggressive if not unreasonable...more
There has been a lot of talk about the lack of preparedness for last week’s snow storm that left many people stranded in traffic for hours trying to get home. While many have argued, perhaps rightly, that the storm turned...more
Several years ago I did a post on this blog of the same name and then updated it some time later. The list then, as re-compiled below, are things to do if you really don’t want to settle your case. As I said before,...more
Most clients hire their lawyers for the lawyers expertise and experience. There is an expectation that the lawyer will guide the client through the process, given them the strategic options, and counsel them regarding...more
For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a...more