Author: Maria P. Imbalzano

The new alimony law that was recently passed on September 10, 2014, changed one of the types of alimony from “permanent” to “open durational.” It was really just a change in semantics. Permanent alimony was never meant to be “lifetime” alimony as many clients called it. Under our previous law,… Continue reading →

New Jersey does not have legislation sanctioning a “legal separation” for a married couple wishing to separate but not file for divorce. However, there are two procedures which may aid in dealing with the parties’ issues, short of filing for divorce. One proceeding is to file a Complaint for Separate Maintenance. Continue reading →

In a recent case, (J.E.V. v. K.V.), an issue arose as to whether a spouse with a history of mental and emotional problems is entitled to permanent alimony. As in any case, the specific facts lead to the ruling, and in this particular case, the court held that the wife, who had bipolar disorder, was only entitled to limited duration alimony for a term of ten years. Continue reading →

Perhaps one of the most valuable documents in any divorce case is a Case Information Statement (CIS). A CIS sets forth each party’s income, assets, liabilities, the marital standard of living, and current monthly budget. A fully completed CIS gives the Court a clear picture of that party’s financial situation, which is imperative in calculating child support and alimony. While drafting a Case Information Statement is time consuming, it’s value should not be underestimated. Continue reading →

It is well-settled law that retirement plans such as pensions, 401(k)s, 403(b)s, KEOUGHs, profit sharing plans, deferred compensation plans and IRAs are subject to equitable distribution in the event of divorce. Continue reading →

In order to determine child support in any divorce case, we are compelled to use the Child Support Guidelines promulgated by the Rules Governing the Courts of the State of New Jersey. Under these Guidelines, we must determine the income of both parents in order to calculate the appropriate amount of child support. Continue reading →