Is Permanent Alimony Still Possible?

Sam Stoia - Thursday, April 27, 2017
You may have heard that the concept of permanent alimony is somewhat passé in New Jersey. In fact, we previously wrote about the issue here (http://www.stoialaw.com/stoialawblog/how-is-the-length-of-an-alimony-award-determined). Nonetheless, some older court orders still make allowances for lifetime alimony. That’s not to say they are written in stone and can’t be contested at a later date. First  ..

How is the length of an alimony award determined?

Sam Stoia - Friday, August 07, 2015
How Length of Marriage Factors into Alimony Awards It is a commonly held misconception that marriages lasting more than ten years constitute automatic permanent alimony awards (http://www.stoialaw.com/alimony). Although ten years is by no means short term, it is not a sole determinant that parties can be expected to pay lifetime support to their former spouse. A recent New Jersey case explores how length of mar ..

The Alimony Factor In the Divorce Equation

Sam Stoia - Thursday, June 04, 2015
Fears of financial ruin have kept many unhappy couples together. In addition to concerns about dividing property, many are worried about the prospect of alimony (http://www.stoialaw.com/alimony). Some think of alimony as a means of survival. Others worry that spousal support payments will limit their ability to enjoy life. Is the threat of alimony keeping you together? The Purpose of Alimony Couples establish a standar ..

Finding Hidden Assets After Divorce

Sam Stoia - Monday, April 27, 2015
The divorce is over and the assets have been divided. You provided your attorney with all information concerning yours and your former spouse’s assets. What happens when you find hidden assets after the divorce decree is entered with the court? In a recent unpublished opinion, the New Jersey Appellate Division (http://www.judiciary.state.nj.us/appdiv/) considered the issue of finding hidden assets after the concl ..

Can a change in employment status result in a change in child support or alimony obligations?

Sam Stoia - Tuesday, January 27, 2015
In some circumstances, parties may apply to the court for a reduction in alimony or an adjustment of child support (http://www.stoialaw.com/practice). It is crucial to make a good case in support of the application. Otherwise, the outcome could be different from the expected result. Take the matter that is the basis of the unpublished court opinion of Bechtold v. Clauss (http://scholar.google.com/scholar_case?case=1 ..

Social Media Impacts Divorce Proceedings

Sam Stoia - Tuesday, January 13, 2015
Social media (http://www.socialmediadefined.com/what-is-social-media/). To many it as an easy means of venting frustration or expressing jubilance. Social media generally offer either a written or a pictorial view of the current state of one's life. Power users may even add clever videos capturing important events. Does social media play any role in family law? Absolutely. We all recognize the term social media to enco ..

Cohabitation may terminate or reduce alimony

Sam Stoia - Sunday, October 05, 2014
If a New Jersey Court determines that a party who is receiving alimony has been cohabiting with a paramour, the Court may terminate or reduce that party's alimony award. The Court may terminate or reduce alimony retroactively to the time when the Court determines that recipient of alimony began to cohabit with his or her paramour. This could result in the recipient of alimony having to pay back the alimony he or she receiv ..

Factors That Drive Alimony Awards

Sam Stoia - Sunday, October 05, 2014
There are many factors that a New Jersey Court will consider when deciding whether or how much alimony to award a party to a divorce. In the instance where a party has been unemployed or under employed, the Court will consider the efforts the party has made to find a job, commensurate with the party's education, training, experience and salary history. If the Court determines that a party is willfully unemployed or under ..

Can my alimony obligation be reduced?

Sam Stoia - Saturday, January 11, 2014
After one enters into a settlement agreement that includes an alimony obligation or after a New Jersey Court establishes an alimony obligation, the person who has to pay that alimony may later have a change of circumstances that make it difficult or impossible to fulfill that alimony obligation. On an application to the Court, an alimony obligation may be modified. The Court will look at the circumstances to determine wh ..

Does it matter who first files in a New Jersey Divorce proceeding?

Sam Stoia - Thursday, January 02, 2014
The benefit of being the first to file for divorce is that it means you are ahead of the game in having prepared your case. Integral to every divorce case are the economic issues. Of course if the parties have children, custody and child support issues are also integral. With regard to the economic issues, it's beneficial to have organized your financial statements and documents, including copies of mortgage statements, de ..