Divorce Myth #10* – All assets are divided fifty-fifty. Put simply – there is no single statute or case that stands for the proposition that all assets are to be divided fifty-fifty. The idea of your soon-to-be ex-spouse "getting half" is a product of television…
Divorce Myth #9* – I can remain on my spouse’s medical insurance after divorce It is not uncommon in marriages for one spouse to maintain the medical insurance for the entire family. Sometimes one spouse just has better and/or cheaper coverage. Sometimes one spouse is…
Divorce Myth #8* – I do not have to pay support if I am not working The short answer is that the fact that you are not working does not automatically equate to a suspension or termination of your obligation to pay support. There are…
Divorce Myth #7* – My alimony should stop because my ex-spouse is living with someone Whether or not an alimony "should" stop upon cohabitation is a fact sensitive inquiry. Absent a written agreement to the contrary, it is well settled that alimony must terminate upon…
Divorce Myth #6* – The recent changes to the law eliminated permanent alimony It is true that the recent statutory changes eliminate the term and concept of "permanent alimony." However, to address long term relationships under certain circumstances, the concept of "permanent alimony" was replaced…
Divorce Myth #5* – I do not have to pay child support after their eighteenth birthday. To be clear, in New Jersey there is no specific age where child support simply terminates automatically. Instead, the law provides for a rebuttable presumption of emancipation upon reaching…
Divorce Myth #4* – We have to be separated for eighteen months before a divorce complaint can be filed The short answer is, no. It is true that, in the past, parties did need to be separated for an eighteen month consecutive period in order…
Divorce Myth #3* – If I File for Divorce My Spouse Needs to Move Out There is a belief that once a divorce complaint has been filed that there needs to be a physical separation requiring one party to move out from the martial residence.…
Divorce Myth #2* – The Non Custodial Parent Only Gets Alternating Weekends There is a common perception that the parent who does not have primary residential custody is limited to only seeing the children on alternating weekends. The reality is that there are no set…
Divorce Myth #1* – Mom Always Gets Custody of the Children There is a common perception that regardless of the circumstances that Mom will always be awarded custody of the children. In reality, the Court is gender neutral and there is no law that states…
