Blog

Alimony Duration & Exceptional Circumstances

In 2014, the New Jersey statute governing alimony was amended to modify certain provisions.  One of the changes was the alimony duration.  The statute, absent exceptional circumstances, alimony duration may not be longer than the length of the marriage.

In the recent Appellate Division case of B.G. v. E.G, the court found exceptional circumstances, and awarded open-durational alimony in a 14-year marriage where the parties dated for 12 years prior to their marriage. Including both the dating relationship and the marriage, the parties were together for 26 years before filing for divorce. The length of relationship prior to their marriage, coupled with the fact that one of their four children had severe autism, led the appellate court to affirm the trial court’s decision of open-durational alimony. Also, the court affirmed, essentially, an equalization of the parties’ incomes in analyzing the amount of alimony.

Alimony, a very case-sensitive issue, is often one of the more challenging financial issues in a case.

Please contact me at jlawrence@lawlawfirm.com if you have questions about alimony duration or any other family law matter.

Subscribe to Our Blog

SHARE THIS POST:

Related Posts

Blog
Legislative Impact on Family Law – A Sneak Peek

I knew I wanted to be a lawyer for as long as I can remember. My father is a retired juvenile detective from New Jersey.  I developed my love for the law through him. Law school proved challenging, requiring round-the-clock studying, but this diligence allowed me to graduate second in my class. Throughout law school and…

Read More
Blog
A Modern Family – Third Parties Raising Children

The definitions of  “parenthood” and “family” continue to evolve. Today, it is not uncommon for a child to have a parent-child relationship with someone other than the biological parents. As the needs of children change, and as society changes, so does the law surrounding custody and parenting time. Therefore, a third party who lives in…

Read More
Blog
Special Needs Child Support in New Jersey

I often hear attorneys say calculating child support is the easiest part of their job. In New Jersey, we have Child Support Guidelines.  As such, the New Jersey guidelines will be presumably accepted by both the parties and the Court. Child support is based on the parties’ respective combined available net income.  The support is…

Read More
Blog
The Role of a Parent Coordinator in Custody Issues

Custody and parenting time issues are highly contentious and hotly contested in many New Jersey divorce cases.  Because of this, a Parent Coordinator can serve divorcing parties well by assisting them in trying to resolve their issues. Often times when either the parties agree or the Court enters an Order regarding same, a Parent Coordinator…

Read More
Blog
Prolonged Separation = Divorce Complications

The New Jersey Appellate Division case of Milcarsky v. Milcarsky, confirmed the trial court’s decisions about thorny issues resulting from prolonged separation. In this case, the parties separated after nine years of marriage.  However, neither filed for divorce until 2015, 11 years later. The court treated this marriage as one of 20 years’ duration. The…

Read More
Blog
Is Living With Your Best Friend’s Brother Considered Cohabitation?

In the world of New Jersey family law, cohabitation is a term of art. It involves a mutually supportive, intimate, personal relationship where parties share the duties, responsibilities and privileges typically associated with marriage. Said another way, it is a relationship that has the hallmarks of marriage, but without the marriage ceremony. Evidence is Key…

Read More
Call Us