New Court Ruling Could Change What Happens To Alimony When A Paying Spouse Accepts A Lower Paying Job

questions about alimonyYour former spouse was ordered to pay you alimony at a rate of $400 per week for eight years. You and your ex, with the help of your attorneys, arrived at and agreed upon this figure based on your salaries at the time you divorced. It’s now five years into your agreement and your ex just lost the job used to calculate this amount. He’s landed another position in the same industry, but the salary is lower. Because your former spouse is now earning less, he files a motion with the court asking that your alimony payments be reduced.

Is this fair? Read more

Join Us For Our Domestic Violence Week Of Action Twitter Chat On 10/18

dv-twitter-chatFemale or male, gay or straight, white or black, rich or poor–domestic violence doesn’t discriminate. A check of recent DV stats from New Jersey and around the United States shows that victims of domestic abuse come from every known demographic and socioeconomic strata.

What can we do to reach victims when they are so diverse? Which resources benefit all victims of domestic violence? Which resources do different groups require? How can we do a better job serving victims? Read more

6 Ways To Make A Difference During Domestic Violence Awareness Month

DV Awareness Month in freeholdIn recognition of October’s Domestic Violence Awareness Month, Weinberger Divorce & Family Law Group, LLC will host and participate in a number of events to raise domestic abuse awareness and provide New Jersey victims with free legal resources. Would you like to participate? Here is a rundown of our awareness month activities and what you can do to make a difference. Read more

A “Solutions” Response to Domestic Violence

solutions for domestic abuseStatistics are important. They tell a story and paint a picture. Especially during October’s Domestic Violence Awareness Month when the public is bombarded with statistics regarding domestic violence rates, numbers of murders by intimate partners, and charts with figures about children of families where there is domestic abuse.

But, what if we shifted the focus to talking about solutions for this epidemic? What about bringing to the public instances where rates of domestic violence in a specific city were reduced due to certain efforts of the police and citizens of that city? Read more

Domestic Violence Protection: How The Courts Help Victims

Domestic violence, also known as intimate partner violence, remains a dire issue in New Jersey. According to statistics compiled by the New Jersey State Police, there are approximately 70,000 reports of domestic violence per year statewide, 42% of which involved physical assault. Domestic violence victims in New Jersey can be women or men. As stated by Assemblywoman Celeste Riley, “Domestic violence doesn’t know a sex, it doesn’t know an age,” she said. “If you are abused, you are a victim.”

If you are a victim, there are legal remedies that can protect you; specifically in the New Jersey family courts. The family court has the authority to issue both temporary and final restraining orders, and many times, these proceedings go hand in hand with any criminal case that may be ongoing. Here are some tips to help you navigate the court system… Read more

Can You Ask for Palimony When Your Partner is Dead?

palimony

Obtaining an award of palimony in New Jersey has become more difficult over the last few years. Palimony — a one-time financial award for a former intimate partner that never married — can only be granted in the Garden State if there is a written promise to pay it, if the palimony agreement dates from 2010. Palimony agreements pre-dating 2010 that are oral/verbal in nature may still be considered valid. Given these different standards, it’s not uncommon for former partners to end up in court when a palimony agreement is contested. But what about recouping palimony after your partner dies? Read more

Smart Phone Apps Spouses Use to Spy

keeping smartphones safe

Only a brief Google search will yield you fast results: tracking software and smartphone applications that can be purchased, downloaded and installed on someone else’s phone. Companies will even monitor the software for you for a little as 50 cents a day. Why are these programs available? To be fair, they are usually marketed as a way to keep track of your children so that you know their whereabouts in what can be a dangerous world. They are also supposedly geared towards employers who may be concerned about the security of their businesses. But, what about the use of these types of applications and programs in a domestic violence situation? Read more

Domestic Violence in LGBTQ Relationships

help for male victims of domestic violenceEvery victim of domestic violence counts and domestic violence doesn’t discriminate. We may be accustomed to talking about abuse as an issue between heterosexual partners, but abuse can and does occur in all types of relationships, including gay, bisexual, lesbian and transgendered. How can these underrepresented groups reach out for help — and what kind of support is available? As part of October’s Domestic Violence Awareness Month, let’s start a much-needed conversation… Read more

Domestic Violence Doesn’t Discriminate

Get help for domestic violence and intimate partner violenceOctober is National Domestic Violence Awareness month, a time when this country tries to raise awareness regarding an issue that still plagues the US. And, the victims are not just women. They are not just people in different-sex relationships. Domestic violence can happen to anyone at any time. Read more

Asset Division: Should Ex-Spouse Share in $2.5M Job Bonus After Brief Marriage?

asset division & work bonus

An ex-wife in a brief 14-month marriage is demanding a share of the $2.5 million work bonus paid to her ex-husband. Job or work bonuses are often subject to division in divorce, but what makes this former spouse’s claim unique is that she is asking for an award based on the length of their marriage and the time prior to that when she and her husband dated and cohabited.

Two lower courts have said “no” to her request, affirming that equitable distribution of any property, including salary bonuses, should be based upon the length of the actual marriage only. The ex-wife was awarded 30K by the courts as an amount commensurate with the short duration of her marriage. However, she believes that she is entitled to approximately $200,000 and has appealed these prior rulings to the New Jersey Supreme Court.

Does she have a case?

Read more