Morris Downing & Sherred is proud to welcome another member to our team, Associate Andrew Koske. Andrew graduated from Ramapo College with a bachelor’s degree in psychology in 2014 and graduated from Seton Hall University School of Law in 2019. While in law school, Andrew served as a student attorney with the Seton Hall Law […]
Cohabitation in New Jersey After Landau vs. Landau
While the court did not reach an actual conclusion on whether or not there was cohabitation in New Jersey by the ex-spouse who was receiving support, the Landau case was important. Before Landau, an ex-spouse who was paying support could make an allegation of cohabitation and be permitted costly and invasive discovery ordered by […]
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 […]
What is a Severance Agreement?
Severance agreements in the state of New Jersey are agreements made upon the termination of the employment relationship between an employee and a company. Sometimes they arise when parties just want to part ways mutually and amicably, where each party offers something that ultimately creates a binding contract. A severance agreement is a contract all […]
Sexual Harassment in New Jersey
The New Jersey Law Against Discrimination creates a very broad umbrella of protections for employees in the State of New Jersey. Within that umbrella are a variety of causes of action. One of the causes of action which can arise under NJLAD is a discrimination or sexual harassment case. There are two types of sexual […]
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 Non-Competition Agreement?
These clauses come from a broader category of what we call restrictive covenants. They are essentially anti competition tools used by many companies. They restrict people from doing certain things and addresses what happens after the contract is terminated or if employee leaves. One reason why this clause would arise is where companies invest a […]
Employment Contracts in New Jersey
Employment contracts are rare in the state of New Jersey. These contracts generally include the terms of employment such as the duration of employment, the amount someone’s going to get paid, the type of specific work, vacations, and things of that nature, as well as the reasons that someone can be terminated and other grounds […]
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 […]
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