alimony analysis in New Jersey

2019Notwithstanding any language contained in Lepis v. Lepis, 83 N.J. 139 (1980) and Crews v. Crews, 164 N.J. 11 (2000) and/or any other case or statutory law, the alimony waiver shall be non-modifiable and this provision is irrevocable. 2. [Plaintiff's] Financial Assistance to [Defendant]- Notwithstanding the mutual wavier of alimony and/or spousal support from one to the other, [plaintiff] shall continue to assist [defendant] financially in a limited manner.

1982The amount of that assistance and the manner of its payment must, however, be determined by the trial court in light of all of the relevant alimony factors, see Lepis v. Lepis, supra, 83 N.J. at 150 , and upon specific findings of fact.

2020Each party 1 Lepis v. Lepis, 83 N.J. 139 (1980). 2 Crews v. Crews, 164 N.J. 11 (2000).

2019Notwithstanding any language contained in Lepis v. Lepis, 83 N.J. 139 (1980) and Crews v. Crews, 164 N.J. 11 (2000) and/or any other case or statutory law, the alimony waiver shall be non-modifiable and this provision is irrevocable. 2. [Plaintiff's] Financial Assistance to [Defendant]- Notwithstanding the mutual wavier of alimony and/or spousal support from one to the other, [plaintiff] shall continue to assist [defendant] financially in a limited manner.

2005We commented on the limited role of fault in an alimony analysis in Kinsella v. Kinsella, 150 N.J. 276, 285 , 696 A.2d 556 (1997), where the husband filed for divorce on the ground of the wife’s extreme cruelty, including allegations of verbal abuse and “bizarre behavior.” The wife counterclaimed on the ground of extreme cruelty, including allegations of physical abuse.

2005We commented on the limited role of fault in an alimony analysis in Kinsella v. Kinsella, 150 N.J. 276, 285 , 696 A.2d 556 (1997), where the husband filed for divorce on the ground of the wife’s extreme cruelty, including allegations of verbal abuse and “bizarre behavior.” The wife counterclaimed on the ground of extreme cruelty, including allegations of physical abuse.

2024The court correctly considered the alimony factors and the mere fact that it awarded alimony in excess of defendant's prior contribution to the A-1873-22 22 mortgage—$1,100—is not indicative of any error warranting reversal. "[A] judge awarding alimony must methodically consider all evidence to assure the award is 'fit, reasonable and just' to both parties, N.J.S.A. 2A:34-23, and properly balances each party's needs, the finite marital resources, and the parties' desires to commence their separate futures, N.J.S.A. 2A:34-23[(]c[)]." Lombardi, 447 N.J.

2020Nevertheless, given the defendant's "substantially altered" employment circumstances from his pre-marital status, we affirmed setting aside the alimony waiver provisions of the PMA and left the "remainder of the agreement . . . in full force and effect." Ibid.

2012In support of his position, plaintiff relies on our decision in Reid v. Reid, 310 N.J.Super. 12 , 708 A.2d 74 (App.Div.), certif. denied, 154 N.J. 608 , 713 A.2d 499 (1998), wherein we affirmed the trial judge’s denial of the defendant’s alimony claim because she had “divert[ed] daily [marital business] receipts through her personal accounts and [had] not record[ed] substantial cash transactions in the corporate books.” Id. at 21, 708 A.2d 74 (internal quotation marks omitted).

2012In support of his position, plaintiff relies on our decision in Reid v. Reid, 310 N.J.Super. 12 , 708 A.2d 74 (App.Div.), certif. denied, 154 N.J. 608 , 713 A.2d 499 (1998), wherein we affirmed the trial judge’s denial of the defendant’s alimony claim because she had “divert[ed] daily [marital business] receipts through her personal accounts and [had] not record[ed] substantial cash transactions in the corporate books.” Id. at 21, 708 A.2d 74 (internal quotation marks omitted).

2012In support of his position, plaintiff relies on our decision in Reid v. Reid, 310 N.J.Super. 12 , 708 A.2d 74 (App.Div.), certif. denied, 154 N.J. 608 , 713 A.2d 499 (1998), wherein we affirmed the trial judge’s denial of the defendant’s alimony claim because she had “divert[ed] daily [marital business] receipts through her personal accounts and [had] not record[ed] substantial cash transactions in the corporate books.” Id. at 21, 708 A.2d 74 (internal quotation marks omitted).

2012Id. at 88 , 869 A.2d 904 (citing Kinsella v. Kinsella, 150 N.J. 276, 313-14 , 696 A.2d 556 (1997) (noting “the practical consequences of succeeding in a divorce action on fault-based grounds, as opposed to separation, are minimal”)).

2012Id. at 88 , 869 A.2d 904 (citing Kinsella v. Kinsella, 150 N.J. 276, 313-14 , 696 A.2d 556 (1997) (noting “the practical consequences of succeeding in a divorce action on fault-based grounds, as opposed to separation, are minimal”)).

2005Shortly thereafter, in Nochenson v. Nochenson, 148 N.J.Super. 448, 449-50 , 372 A.2d 1139 (App.Div.1977), the Appellate Division clarified its decision in Mahne , stating that, although dictum in that case could be read to support an alimony bar based on fault, the holding actually “went no further than accepting fault as a ‘consideration’ or factor in determining the grant or denial of alimony.” Nochenson suggested that “lurid details” about the nature of Mrs. Mahne’s adultery — though largely unspecified— justified a denial of alimony.

2005Shortly thereafter, in Nochenson v. Nochenson, 148 N.J.Super. 448, 449-50 , 372 A.2d 1139 (App.Div.1977), the Appellate Division clarified its decision in Mahne , stating that, although dictum in that case could be read to support an alimony bar based on fault, the holding actually “went no further than accepting fault as a ‘consideration’ or factor in determining the grant or denial of alimony.” Nochenson suggested that “lurid details” about the nature of Mrs. Mahne’s adultery — though largely unspecified— justified a denial of alimony.

2005For example, Lynn v. Lynn, 165 N.J.Super. 328, 333 , 398 A.2d 141 (App.Div.1979), involved a wife who “committed, by her admission, many acts of adultery, beginning a few months after her husband deserted the marital residence.” The trial judge ruled in favor of the husband, a physician, and denied alimony altogether to the wife, who earned only $50 a week publishing a newsletter.

2005For example, Lynn v. Lynn, 165 N.J.Super. 328, 333 , 398 A.2d 141 (App.Div.1979), involved a wife who “committed, by her admission, many acts of adultery, beginning a few months after her husband deserted the marital residence.” The trial judge ruled in favor of the husband, a physician, and denied alimony altogether to the wife, who earned only $50 a week publishing a newsletter.

1991It may thus be used for the purpose of determining changed circumstances to the extent that it constitutes an increase in plaintiff's "income and aggregate resources." Innes v. Innes, 117 N.J. 496, 513 , 569 A. 2d 770 (1990); Raymond v. Raymond, 39 N.J.

1991It may thus be used for the purpose of determining changed circumstances to the extent that it constitutes an increase in plaintiff's "income and aggregate resources." Innes v. Innes, 117 N.J. 496, 513 , 569 A. 2d 770 (1990); Raymond v. Raymond, 39 N.J.

1991It may thus be used for the purpose of determining changed circumstances to the extent that it constitutes an increase in plaintiff's "income and aggregate resources." Innes v. Innes, 117 N.J. 496, 513 , 569 A. 2d 770 (1990); Raymond v. Raymond, 39 N.J.