Top Ten Divorce Myths

Divorce Myth #10 – All assets are divided fifty-fifty

Posted by on May 27, 2015 in Blog, Equitable Distibution, Top Ten Divorce Myths | 0 comments

Divorce Myth #10 – All assets are divided fifty-fifty

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 shows, movies and stand up comedian routines. Instead, what assets are to be divided and how they are divided is the product of reviewing statutory factors and interpreting relevant case law. In divorce cases it is called equitable distribution. By its common definition, equitable distribution is the division of...

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Divorce Myth #9 – I can remain on my spouse’s medical insurance after divorce

Posted by on Apr 22, 2015 in Alimony & Child Support, Blog, Divorce, Top Ten Divorce Myths | 0 comments

Divorce Myth #9 – I can remain on my spouse’s medical insurance after divorce

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 not working or has employment that does not provide medical insurance as a benefit. Regardless of the reason, the issue of medical insurance must be dealt with as part of a divorce. Generally speaking, medical insurance is provided to eligible dependents of the subscriber. Who meets the definition of an eligible...

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Divorce Myth #8 – I do not have to pay support if I am not working

Posted by on Apr 14, 2015 in Alimony & Child Support, Blog, Top Ten Divorce Myths | 0 comments

Divorce Myth #8 – I do not have to pay support if I am not working

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 a number of different scenarios that touch upon this issue. First, does the fact that you are not working impact the initial calculation of support? The Court can not make you obtain employment. However, the Court, when calculating alimony and child support, can impute income to a non-working party. This idea of imputing income was in response to people who...

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Divorce Myth #7 – My alimony should stop because my ex-spouse is living with someone

Posted by on Apr 8, 2015 in Alimony & Child Support, Blog, Top Ten Divorce Myths | 0 comments

Divorce Myth #7 – My alimony should stop because my ex-spouse is living with someone

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 the payee’s re-marriage or the death of the payor or payee. However, beyond these three scenarios, a person seeking to review their alimony obligation must first show a change of circumstances warranting such a review. Not an automatic termination; a review. A payee’s cohabitation is one situation...

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Divorce Myth #6 – The recent changes to the law eliminated permanent alimony

Posted by on Apr 3, 2015 in Alimony & Child Support, Blog, Top Ten Divorce Myths | 0 comments

Divorce Myth #6 – The recent changes to the law eliminated permanent alimony

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 with the term "open durational alimony." So, why the term has eliminated, the concept of long term alimony exposure still remains. In addition, the revised statute creates specific standards to utilize in circumstances of retirement, loss of employment and...

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Divorce Myth #5 – I do not have to pay child support after their eighteenth birthday.

Posted by on Mar 24, 2015 in Alimony & Child Support, Blog, Top Ten Divorce Myths | 0 comments

Divorce Myth #5 – I do not have to pay child support after their eighteenth birthday.

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 age 18. However, the New Jersey Courts view emancipation as a question of needs and not merely of age. It is a fact sensitive inquiry rather than a straight forward test. Generally speaking, the Court will deem a child to be emancipated when they "move beyond the sphere of influence" and responsibility...

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