In New Jersey, an individual who seeks to modify his or her alimony obligation based on changed circumstances must establish that such changes are permanent. In an Appellate Division case, a couple divorced in 2007. At the time, the terms of the couple’s property settlement agreement (“PSA”) were incorporated into…
When an alimony recipient begins living with a new partner, he or she must demonstrate that a continuing financial need exists in order to continue receiving spousal support. In an unpublished opinion, a couple divorced after about 14 years of marriage. Their June 2005 judgment of divorce incorporated a matrimonial…
A New Jersey appellate court has stated a former couple’s equitable distribution of marital assets may not be revisited absent extraordinary circumstances. In an unpublished opinion, a New Jersey couple divorced in 2002 after more than 30 years of marriage. At the time, a mutually agreed upon property settlement agreement…
An Appellate Division case from last year (June 2014) offers some clarity regarding when an alimony payor spouse’s financial setbacks are involuntary as opposed to voluntary or permanent as opposed to temporary. In this particular case, the husband whose reduced salary for more than three years was the result of his efforts…
A husband’s attempt to bring an end to his alimony payments did yield a reduced obligation, but not the complete cessation he sought. It also came at a price after the Appellate Division upheld not only the continuation of alimony but also a trial court award requiring the husband to…
Sometimes, a divorcing couple completes their property settlement agreement anticipating one future, only to have a different one unfold after they finalize their divorce. A couple encountering such a situation ultimately required a trial court and the Appellate Division to resolve their alimony dispute. The court decided that nothing in…
Just because a retired school administrator had the financial ability to keep paying alimony did not necessarily mean that he should be paying alimony, according to a recent ruling by the Appellate Division. The appeals court revived the husband’s alimony termination request because the lower court failed to consider the…
A long-running battle involving a couple who divorced in New Jersey likely ended recently as courts in Florida and Montana wrapped up cases there involving issues related to the couple’s divorce. The rulings forced the husband to return to New Jersey to litigate his claims that the wife mismanaged a…
If you’ve been ordered to pay alimony, the law creates a series of hurdles you must clear before a court can modify your alimony payments to a lower amount. One recent case highlights just how difficult it sometimes can be to meet these requirements and obtain relief. In the case…
An “ANTI-LEPIS” clause in a parties divorce settlement agreement was recently held to be valid and enforceable. In a recent New Jersey appellate court decision, a special type of clause that severely limits a person’s ability to later modify certain divorce agreements was, under the specific facts and circumstances in that…