There are five basic types of alimony in New Jersey. Courts can award pendente lite alimony, also known as temporary alimony, early in the divorce process or throughout in an effort to maintain each spouse in the same financial position that existed prior to the divorce. Temporary support terminates automatically once a divorce is final. […]
FAQs
Does New Jersey consider non-vested retirement benefits to be marital property?
Yes. All property, legally and beneficially acquired during the marriage or civil union, shall be subject to equitable distribution. Non-vested retirement benefits are still an asset and they are unvested until they become vested. So a lot of plans might say you vest after ten years. Let’s assume for a second that you’re in that […]
Why is it helpful for divorcing parties to negotiate their own alimony settlement?
When parties negotiate alimony in an out-of-court setting, they take control of the process and its outcome rather than give all of the control to the judge. Negotiating also leaves more room for creative solutions. Litigating in court over any matter can be time-consuming and costly. In contrast, negotiating alimony out of court can save […]
Should your fine art or antiques be appraised during divorce?
It works much the same way as the real estate side, although it’s a different group of people that we use to appraise those types of assets. It has to be somebody who has the experience of not only doing the work and being able to prepare a comprehensive report, but to testify, justify their […]
Can the non-employee ex-spouse receive benefits before the employee ex-spouse retires?
It depends on the plan. When I have a defined benefit plan, I write to the plan. Sometimes I can find the plan documents online which is common nowadays. If I can’t find it online, I will write to the plan because it’s good to have the plan document which is going to tell you […]
How can parents protect their relationships with their children?
Get in the habit of documenting how you spend time with your kids by keeping a daily parenting time journal that details your daily routines no matter how mundane. Document where you were, the times you were there, and the people with whom you interacted when your child was present. Save things like receipts and […]
How can false accusations damage the parent/child relationship?
When custody disputes break out and accusations fly, it turns the straightforward process of determining child custody into an all-out worst nightmare. False accusations occur in many forms, those of physical abuse and neglect to even drug addiction, which can harm the parent against whom they are lodged and can backfire on the parent who […]
Do divorcing couples need to get a real estate appraiser if they own multiple properties?
It’s something that I like to make the recommendation for rather than having the client go out and pick somebody out of the Yellow Pages. We have a group of real estate appraisers that we frequently work with here at the firm. These are people that are experienced, they’re licensed by the state, and they’re […]
Retirement Funds Acquired During Property Division Without Penalty
Can you access retirement funds without penalty when it comes to divorce and property division? Read on to see what attorney Cynthia Ann Brassington says.
How can litigation inflame conflict rather than quell it?
Out of anger, some individuals hurt by divorce want to engage in a bitter custody court battle that ends in a judge deciding child custody, a move they hope will hurt the other parent. This approach rarely achieves the desired outcome and usually just serves to tear a fractured family even farther apart. Sometimes going […]
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