What do Hillary Swank and Kevin Federline, Pamela Anderson and Kid Rock, Paul McCartney and Heather Mills have in common? If you said they are all divorced, that is half right. They decided to split up based upon “irreconcilable differences.” That reason for divorce was not allowed in New Jersey until recently.
On January 20, 2007, Governor Corzine signed into law a new cause of action for divorce known as “irreconcilable differences”. Previously, most divorce complaints were based on fault, such as adultery or extreme cruelty where a person had to articulate specific grounds of cruel behavior.
There was only one no-fault cause, separation where the spouse must have been living separate and apart for at least 18 months. Now, an additional new no-fault cause of action, “irreconcilable differences” has been added.The new law means that a Complaint for Divorce based on irreconcilable differences must state:
a.) You and your spouse must have experienced irreconcilable differences for six months.
b.) You or your spouse must have lived in New Jersey for 12 consecutive months before the filing of the divorce complaint.
c.) The irreconcilable differences make it appear that the marriage should be dissolved.
d.) There is no reasonable prospect of reconciliation.
This new law has no separation requirement, meaning that two people can file for divorce under this cause of action if they still live together. This ground for divorce may be appropriate to allege in certain situations such as when two people have simply grown apart and wish to end their marriage, but still wish to reside together until the divorce is finalized. As a result, a sense of civility and practicality is introduced to diovrce law in New Jersey by eliminating the need for spouses to state specific acts of wrongdoing in the divorce papers which usually lead to more caustic situations.
Showing posts with label Family Law. Show all posts
Showing posts with label Family Law. Show all posts
Sunday, October 7, 2007
Friday, September 14, 2007
How is alimony determined?
A family court has a fair amount of discretion to determine an alimony award. The New Jersey Supreme Court has established some very specific guidelines and formulas to determine child support. There are, however, no alimony guidelines. Most people do not enjoy paying child support, but they pay it anyway because they love their kids. Most people, however, are not too fond of their ex-wife or husband, so they hate paying alimony.
I believe that any proposed alimony guidelines would be just too controversial and it will never become law. There exists case law in New Jersey and a statute that requires the courts to consider very specific factors when it calculates alimony. There are some guidelines and objective standards for the courts to consider, but there is not specific formula for a family court to calculate alimony.
In general, New Jersey case law states that the court must consider the marital lifestyle, the supporting spouse's ability to pay, and the dependent spouse's ability to contribute to his/her own support.The alimony statute, N.J.S.A. 2A:34-23(b) states that the court must consider the following thirteen factors:
1. The actual need and ability of the parties to pay.2. The duration of the marriage.3. The age, physical and emotional health of the parties.4. The standard of living established during the marriage and the likelihood that each party can maintain a reasonable comparable standard of living.5. The parties' earning capability, education and employability.6. The length of absence from the job market.7. Parental responsibilities for the children.8. The time and expense needed to acquire education or training to enable a depended spouse to obtain appropriate employment.9. The financial and non-financial contributions of each spouse to the marriage.10. Equitable distribution.11. Income available and non-financial contributions of each spouse to the marriage.12. The tax consequences of alimony.13. Any other factor which the court deems relevant.
In summary, the main purpose of alimony is to permit the dependent spouse to live the same lifestyle after divorce that she lived during the marriage.
A family court has a fair amount of discretion to determine an alimony award. The New Jersey Supreme Court has established some very specific guidelines and formulas to determine child support. There are, however, no alimony guidelines. Most people do not enjoy paying child support, but they pay it anyway because they love their kids. Most people, however, are not too fond of their ex-wife or husband, so they hate paying alimony.
I believe that any proposed alimony guidelines would be just too controversial and it will never become law. There exists case law in New Jersey and a statute that requires the courts to consider very specific factors when it calculates alimony. There are some guidelines and objective standards for the courts to consider, but there is not specific formula for a family court to calculate alimony.
In general, New Jersey case law states that the court must consider the marital lifestyle, the supporting spouse's ability to pay, and the dependent spouse's ability to contribute to his/her own support.The alimony statute, N.J.S.A. 2A:34-23(b) states that the court must consider the following thirteen factors:
1. The actual need and ability of the parties to pay.2. The duration of the marriage.3. The age, physical and emotional health of the parties.4. The standard of living established during the marriage and the likelihood that each party can maintain a reasonable comparable standard of living.5. The parties' earning capability, education and employability.6. The length of absence from the job market.7. Parental responsibilities for the children.8. The time and expense needed to acquire education or training to enable a depended spouse to obtain appropriate employment.9. The financial and non-financial contributions of each spouse to the marriage.10. Equitable distribution.11. Income available and non-financial contributions of each spouse to the marriage.12. The tax consequences of alimony.13. Any other factor which the court deems relevant.
In summary, the main purpose of alimony is to permit the dependent spouse to live the same lifestyle after divorce that she lived during the marriage.
Subscribe to:
Posts (Atom)