The marital standard of living of spouses during the marriage is one of 14 factors considered by courts in calculating an alimony award. Accurately determining what a couple’s spending was during the marriage is crucial because one purpose of alimony is to ensure that...
Alimony, also known as spousal support, is a challenging concept. The obligation to pay support to a former spouse is often the most contentious issue in any divorce. One purpose of alimony is to ensure that both parties may continue to live in a reasonably comparable...
Frequently, people going through a divorce describe themselves as surprised or even shocked by their partner’s decision to end the marriage. Even those who suspected their spouse was considering a divorce are often stunned to learn their spouse has been planning the financial aspects of the divorce for months or even years before the Complaint for Divorce was filed. A spouse’s pre-planning of the financial aspects of their divorce is so common a phenomenon it has been given the phrase “divorce-planning.”
In New Jersey, alimony and child support obligations are generally subject to modification based on “changed circumstances.” The right to seek modification, and the steps one must take when doing so, were established in 1980 by the New Jersey Supreme Court in the case of Lepis v. Lepis. Typically, modification of an alimony or child support obligation requires a post-divorce application to the Court if the parties are not able to agree on whether to modify the support obligation and/or by how much.
As part of the divorce process, spouses must resolve various financial matters, including support and division of assets and debts. The resulting marital settlement agreement is enforceable in a court of law, even when one party declares bankruptcy after the divorce has been finalized, as illustrated by a recent New Jersey decision.
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