Divorce among those over 50 is the fastest growing sector of people who seek to separate. This trend has been termed the “gray divorce.” Divorce among this older group is often triggered by a different set of motivations than those of the younger set. Most often, children have grown and moved out, careers are leading […]
Alimony
Permanent Alimony and Retirement After Amzler v. Amzler
Before NJ 2A:34-23 was amended in 2014, permanent alimony often meant alimony until somebody died or the recipient spouse remarried. Retirement is a change that warrants a review of alimony, but not necessarily modification. The outcome was often that people, even in retirement, continued to pay alimony literally until they died. The alimony law was […]
How Alimony is Determined in New Jersey and When it Can be Modified
The factors used in determining the amount of alimony is to be paid are specifically set out in NJSA 2A:34-23. There is a rebuttable presumption that applies to people who entered agreements after 2014, which also considers the ages of the parties at the time of retirement, and at the time of their entry into […]
Cohabitation and Alimony in New Jersey
What impact does cohabitation have on alimony in New Jersey? The statute NJ 2A:34-23 was amended in 2014 to reflect that alimony in the event of cohabitation was more likely to end, versus the earlier versions of the statute where alimony was permitted to be modified based on the supporting spouse’s cohabitation with a third […]
What is a Marital Settlement Agreement?
Most divorce cases in New Jersey don’t go to trial but settle instead. Rather than a protracted and expensive court battle, the parties agree on the issues without having to go to a judge. The settlement in New Jersey is called a marital settlement agreement (MSA). Instead of a divorce trial, you would bring the […]
How same-sex divorces may be different
On behalf of Morris, Downing & Sherred, LLP posted in Same-Sex Couples on Thursday, July 30, 2015. Although New Jersey has recognized same-sex marriages for a number of years, the June 2015 decision by the U.S. Supreme Court may have far-reaching implications that can affect state laws across the country. In particular, this decision may […]
Same-sex marriage decision not an end to legal disputes
On behalf of Morris, Downing & Sherred, LLP posted in Same-Sex Couples on Thursday, July 2, 2015. Same-sex couples in New Jersey and across the nation are celebrating the recent Supreme Court ruling on gay marriage that follows in the wake of numerous state legalization and federal recognition. Despite the fact that same-sex marriages have […]
Divorce of same-sex couple validated by Texas court
On behalf of Morris, Downing & Sherred, LLP posted in Same-Sex Couples on Monday, June 22, 2015. Same-sex couples in New Jersey enjoy the right to state-sanctioned marriage, but those same marriages may face legal challenges should the couple move. A same-sex divorce in Texas highlights the problem even as the state failed to prevent […]
New Jersey lawmakers pass new alimony bill
On behalf of Morris, Downing & Sherred, LLP posted in Divorce on Wednesday, July 16, 2014. When couples decide to end their marriage, various decisions need to be made. In addition to making their individual decisions regarding the divorce settlement, couples must deal with the impact of state laws on how certain issues are handled. […]
Jewel and husband seeking divorce
On behalf of Morris, Downing & Sherred, LLP posted in Divorce on Thursday, July 10, 2014. Even the marriages that appear to be the most stable have struggles once in a while. When these difficulties become too much, New Jersey residents might consider whether divorce is the best option. Recently, long time companions Jewel and […]
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