Category Archives: Divorce

Subscribe to Divorce RSS Feed

Divorce Mediation: Utilizing Attorney Resources during the Divorce Process

Posted in Divorce

With Court backlogs and increasing costs of litigation, many individuals are utilizing the mediation process to resolve their divorce issues. As an attorney that has been trained in alternative dispute resolution, I believe that with the right set of facts, parties should strongly consider mediation in lieu of litigating their matter. Traditionally, parties engage mediation… Continue Reading

Tax Issues in Divorce: Real Estate Itemization Credits

Posted in Divorce

With the April 15th tax filing deadline quickly approaching, I am beginning to see an increase of the tax-related issues arise in my client’s cases.  The right of either of the parties to claim itemized deductions associated with the real estate taxes and mortgage interest paid on the marital residence is a frequent issue of… Continue Reading

Does Equitable Distribution of a Pension Allow for Termination of Alimony Upon Retirement?

Posted in Divorce

It has long been held that in order to equitably distribute a State pension (or other defined benefit pension), you apply a percentage of the coverture fraction to determine what the non-employed spouse shall receive upon the employed spouse’s retirement. The coverture fraction is determined with the numerator being the number of years and months… Continue Reading

Can Parents Agree to Waive Child Support in Consideration for a Waiver of Visitation?

Posted in Divorce

I have encountered this question, or variations of it, with some frequency over the years. My answer, while surprising to some, is always “no.” This is not to say that parties are barred from entering into settlement agreements concerning their children; on the contrary, New Jersey law strongly favors such settlements and will not interfere with… Continue Reading

Changing Your Beneficiaries After Divorce

Posted in Divorce

The great majority of divorcing couples in New Jersey resolve their issues in the form of a Marital Settlement Agreement (a.k.a. Property Settlement Agreement). In addition to a division of marital assets, such Agreements may include a waiver of certain assets, such as life insurance or retirement benefits. Although New Jersey, as well as many… Continue Reading

New Jersey Palimony Agreements Revisited

Posted in Divorce

Palimony agreements are entered into between two parties who are not married, wherein one party promises to financially support the other party during his/her lifetime. Most palimony agreements are oral. On January 18, 2010, there was an amendment enacted to the Statute of Frauds which required palimony agreements to be in writing. The question that… Continue Reading

A Pre-School Primer for Divorced Parents

Posted in Divorce

In an important recent opinion, Superior Court Judge Lawrence Jones (Ocean County) examined the competing claims of divorced parents regarding their child’s pre-school selection and issued a new set of legal principles to be applied if parents cannot agree. Judge Jones approached the task by considering the interplay between parental rights and the role of pre-school… Continue Reading

Safeguard Your Online Presence Before It’s Too Late

Posted in Divorce

Social media surrounds almost all of us. Statistically speaking, over 70% of you reading this article are probably social media users, whether you utilize Facebook, Twitter, LinkedIn, Pinterest, MySpace, Google Plus, various dating websites, a combination of several of these, or numerous others. In this digital age where cell phones and tablet devices are so… Continue Reading

Permanent Alimony vs. Open Durational Alimony

Posted in Divorce

The new alimony law that was recently passed on September 10, 2014, changed one of the types of alimony from “permanent” to “open durational.” It was really just a change in semantics. Permanent alimony was never meant to be “lifetime” alimony as many clients called it. Under our previous law, permanent alimony could have been… Continue Reading

New Life for Oral Palimony Agreements

Posted in Divorce

In a long-awaited decision in the case of Maeker v. Ross the New Jersey Supreme Court has unanimously decided that oral “palimony” agreements entered into before revisionary legislation in 2010 will remain legally enforceable. The Court’s September 25 decision reversed the appellate court which had ruled that Ms. Maeker could not pursue her palimony claim… Continue Reading