Search Rutgers Law Library N.J. Court Opinions

16 BRUCE E. KILMER, JR v. SHARON A. KILMER -- rank: 767

... his permanent alimony and life insurance obligations without prejudice. Applying N.J.S.A. 2A:34-23(j)(3), the judge concluded the factors weighed against terminating ... to modify or terminate alimony based upon retirement pursuant to N.J.S.A. 2A:34-23(j)(2) and (j)(3), both the obligor's application ... order, judgment or agreement sought to be modified.' See also N.J.S.A. 2A:34-23(j)(3) (requiring same). A-0167-20 4 Therefore, he ... would 4 Per Rule 5:5-4(a)(5) and N.J.S.A. 2A:34-23(j)(3), defendant was required to submit a current CIS ... written decision. The judge listed the factors set forth in N.J.S.A. 2A:34-23(j)(3) and analyzed each one. Plaintiff A-0167-20 ... the request for modification or termination must be reviewed under N.J.S.A. 2A:34-23(j)(3). That section expressly requires '[i]n making ...

docket:	a0167-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:	Unpublished
citation:
Document Size:	40768

17 /usr/local/share/www/libweb/collections/courts/trial/mills-v-mills.opn.html -- rank: 752

... the recent, 2014 amendments to New Jersey's alimony statute, N.J.S.A. 2A:34- 23(k). Specifically, defendant seeks a reduction of his alimony obligation ... to New Jersey's alimony statute, and newly enacted subsection N.J.S.A. 2A:34-23(k), a court may reduce an alimony obligation when the ... The terms and spirit of the 2014 amended alimony statute, N.J.S.A. 2A:34-23(k), are relevant and applicable in this case, where the ... the State’s alimony statute and added a new provision, N.J.S.A. 2A:34- 23(k), which now addresses situations when an obligor who is ... job and seeks a reduction in alimony as a result. N.J.S.A. 2A:34-23(k) sets forth the following list of statutory factors for ... the same field as opposed to a new field. Rather, N.J.S.A. 2A:34-23(k)(2) expressly references when an obligor loses his ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	45823

18 MARK TANNEN v. WENDY TANNEN -- rank: 749

... that a trial judge must consider in making any award. N.J.S.A. 2A:34-23 provides that in "any matrimonial action . . . the court may make ... nature of the case shall render fit, reasonable and just . . . ." N.J.S.A. 2A:34-23(b) sets forth a non-exhaustive list of thirteen factors ... party through investment of any assets held by that party [.]" N.J.S.A. 2A:34-23(b)(11) (emphasis added). "'[T]he goal of a proper ... of a reported decision in this State. As already noted, N.J.S.A. 2A:34-23(b)(11) provides that in setting an alimony award, the ... Given the significance of its principles in the context of N.J.S.A. 2A:34-23(b)(11), such determination would be more appropriately made by ... v. Weishaus , 180 N.J. 131 , 145 (2004) (emphasis added). N.J.S.A. 2A:34-23(b)(1) requires the judge to consider "the actual ...

docket:	a4185-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-31
status:	Published
citation:	416 N.J. Super. 248 3 A.3d 1229
Document Size:	102460

19 MARK TANNEN v. WENDY TANNEN -- rank: 747

... that a trial judge must consider in making any award. N.J.S.A. 2A:34-23 provides that in "any matrimonial action . . . the court may make ... nature of the case shall render fit, reasonable and just . . . ." N.J.S.A. 2A:34-23(b) sets forth a non-exhaustive list of thirteen factors ... party through investment of any assets held by that party [.]" N.J.S.A. 2A:34-23(b)(11) (emphasis added). "'[T]he goal of a proper ... of a reported decision in this State. As already noted, N.J.S.A. 2A:34-23(b)(11) provides that in setting an alimony award, the ... Given the significance of its principles in the context of N.J.S.A. 2A:34-23(b)(11), such determination would be more appropriately made by ... v. Weishaus , 180 N.J. 131 , 145 (2004) (emphasis added). N.J.S.A. 2A:34-23(b)(1) requires the judge to consider "the actual ...

docket:	a4211-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-31
status:	Published
citation:
Document Size:	102292

20 CHARLES E. HERBRUCK v. MARIA T. HERBRUCK -- rank: 747

... contends that the court should have awarded permanent alimony. Under N.J.S.A. 2A:34-23, "the court may make such order as to the alimony ... on the evidence about the [thirteen] factors" set forth in N.J.S.A. 2A:34-23(b). N.J.S.A. 2A:34-23(c). 2 "If the court determines that an award of ... court considered and made specific findings regarding each of the N.J.S.A. 2A:34-23(b) factors. The court's findings can be summarized as ... court's consideration of "[t]he duration of the marriage." N.J.S.A. 2A:34-23(b)(2). "The 'defining distinction' between permanent and limited duration ... t]he age, physical and emotional health of the parties," N.J.S.A. 2A:34-23(b)(3), specifically, her health. She points out that ...

docket:	a3065-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-25
status:	unpublished
citation:
Document Size:	57354

21 EDMUND E. JACOBITTI V. STELLA MARIA JACOBITTI -- rank: 745

... Legislature explicitly sanctioned the use of trust funds by amending N.J.S.A. 2A:34-23 (section 23) to provide for the creation of trust funds ... Ibid.     In New Jersey, courts enter alimony orders pursuant to N.J.S.A. 2A:34-23, which before the l988 amendments provided in pertinent part:         The ... 35l (l990). Courts are to apply the "comprehensive" terms of N.J.S.A. 2A:34-23 liberally and equitably. Grotsky v. Grotsky , 58 N.J. 354 ... law Modell approach. The Grotsky Court upheld an order under N.J.S.A. 2A:34-23 that directed the father to maintain his life insurance and ... spouse and any children] . . . ." Id. at 544. The Court cited N.J.S.A. 2A:34-23 as the source of that equitable power in direct contradiction ... payments" was appropriate and "plainly within the broad authority" of N.J.S.A. 2A:34-23. Ibid. With regard to Modell , supra , the Appellate Division ...

docket:	a-81-93
court:	njsupreme
decided:	1994-06-06
status:
citation:	135 N.J. 571
Document Size:	37575

22 KIM MULHOLLAND v. ROBERT SWEIGART -- rank: 742

... made representations regarding some of the factors set forth in N.J.S.A. 2A:34-23(j)(3). The acquisition term sheet had an effective date ... a substantial change in circumstances or of the factors under N.J.S.A. 2A:34-23(j)(3) warranting a modification of his alimony obligation. Plaintiff ... on conditioned precedents.' The motion judge did not expressly reference N.J.S.A. 2A:34-23(j)(3) or engage in an analysis of the factors ... terminate his alimony obligation based on his prospective retirement under N.J.S.A. 2A:34-23(j). He also argues the motion judge failed to conduct ... N.J. 149, 150 (1983)). In 2014, our Legislature amended N.J.S.A. 2A:34-23, the alimony statute. Before that amendment, 'a party seeking to ... N.J. Super. at 320. With the 2014 amendment to N.J.S.A. 2A:34-23, the Legislature 'added a new subsection (j), which lists ...

docket:	a1613-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-18
status:	Unpublished
citation:
Document Size:	26572

23 A-0RALPH IRALDI v. LYNN IRALDI, n/k/a LYNN FRANCES CHONSKI May 11 2015 -- rank: 737

... home was in his name only, the trial judge contravened N.J.S.A. 2A:34-23(h) in ruling that the land and marital home were ... distribution. Ralph also contends that the judge failed to apply N.J.S.A. 2A:34-23.1 in making the equitable distribution allocation and abused his ... were subject to equitable distribution. After considering the factors in N.J.S.A. 2A:34-23.1, the judge awarded Ralph a 55% interest and Lynn ... except . . . interspousal gifts" is also generally excluded from equitable distribution. N.J.S.A. 2A:34-23(h) (emphasis added). However, pre-marital property may be subject ... 1990). Such property is not exempt for equitable distribution under N.J.S.A. 2A:34-23.1. Rather, when property is acquired in contemplation of marriage ... required to apply the fifteen statutory factors set forth in N.J.S.A. 2A:34-23.1. See Giovine v. Giovine , 284 N.J. Super. ...

docket:	a1001-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-06
status:	unpublished
citation:
Document Size:	44891

24 FRANCIS NATHANIEL CLARK v. DENISE LOCKWOOD CLARK -- rank: 737

... Occupational Employment and Wages report. Reviewing the applicable factors in N.J.S.A. 2A:34-23(b), the trial judge found, among other things, the parties ... trial judge must issue "specific findings on the evidence" presented, N.J.S.A. 2A:34-23(c), weighing the objective standards delineated in N.J.S.A. 2A:34-23(b). 2 Additionally, N.J.S.A. 2A:34-23(g) suggests a trial court may also consider facts supporting marital fault when determining the amount of alimony. See N.J.S.A. 2A:34-23(g) (providing in an action for divorce, "the court may ... for the majority, stated: "The thirteen alimony factors listed in N.J.S.A. 2A:34-23(b) clearly center on the economic status of the ...

docket:	a1147-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-19
status:	published
citation:	429 N.J.Super. 61 57 A.3d 1
Document Size:	48095

25 EDWARD CURLEY v. ROBERTA CURLEY -- rank: 735

... to equitable distribution, and reviewed the statutory factors articulated in N.J.S.A. 2A:34-23.1. It reiterated the finding on summary judgment that the ... by [the parties] or either of them during the marriage[.]" N.J.S.A. 2A:34-23(h). Property owned by a party at the time of ... or intestate succession" is also not subject to equitable distribution. N.J.S.A. 2A:34-23(h). "Proof of a gift requires evidence of unequivocal donative ... court analyzed all of the statutory factors set forth in N.J.S.A. 2A:34-23.1, and placed particular significance on husband's age and ... to asset eligibility or ineligibility, asset valuation, and equitable distribution[.]" N.J.S.A. 2A:34-23.1. A court should apply all the factors set forth in N.J.S.A. 2A:34-23.1, and distribute marital assets consistent with the parties' ...

docket:	a1304-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-09
status:	unpublished
citation:
Document Size:	199629

26 DAVID W. KINZLER v. LORI P TALARICO-KINZLER -- rank: 735

... 2 While an inheritance is exempt from equitable distribution under N.J.S.A. 2A:34-23, income generated from an inheritance may be considered in determining ... child support." Caplan , supra , 182 N.J. at 264. Moreover, N.J.S.A. 2A:34-23(a) requires consideration of certain enumerated factors. The judge followed ... support guidelines, and considered several of the statutory factors, including N.J.S.A. 2A:34-23(a)(2) (standard of living and economic circumstances of the ... parties after analysis of the statutory factors set forth in N.J.S.A. 2A:34-23.1." Genovese v. Genovese , 392 N.J. Super. 215 , 225 ... citing Rothman v. Rothman , 65 N.J. 219 , 232 (1974)); N.J.S.A. 2A:34-23.1. The analysis includes marital debts. N.J.S.A. 2A:34-23.1(m). Notably, David testified that he planned to ...

docket:	a2468-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-05
status:	unpublished
citation:
Document Size:	56897

27 JOANN DALY v. PETER DALY -- rank: 735

... the judge failed to properly apply certain statutory factors under N.J.S.A. 2A:34- 23(b). Specifically, he alleges that the judge erred in determining ... is 'frame[d]' by the statutory factors set forth in N.J.S.A. 2A:34-23(b). Steneken v. Steneken, 367 N.J. Super. 427, 434 ... alimony, the judge must consider the thirteen factors enumerated in N.J.S.A. 2A:34-23(b), along with any other A-1825-18T4 12 factors ... and conclusions of law with respect to the alimony award. N.J.S.A. 2A:34-23(b). The statutory factors are: (1) The actual need and ... Div. 1978)). Under equitable distribution, the statutory factors enumerated in N.J.S.A. 2A:34-23.1, 'used in concert with the facts of each case ... father in equitable distribution. We disagree. A-1825-18T4 18 N.J.S.A. 2A:34-23.1 provides the statutory factors to be considered in ...

docket:	a1825-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-01
status:	Unpublished
citation:
Document Size:	53454

28 Laura Randazzo v. Joseph J. Randazzo, Jr. -- rank: 732

... 2. In respect of the sale of the Florida property, N.J.S.A. 2A:34-23 states, in part, that pending any matrimonial action, the court ... parties and children as circumstances render fit, reasonable and just. N.J.S.A. 2A:34-23 to severely limit the court's authority prior to the ... the defendant's counsel fees. On appeal, the panel reviewed N.J.S.A. 2A:34-23 that authorizes the court in its discretion to make orders ... maintenance of the children. The Court concludes that, consistent with N.J.S.A. 2A:34-23 and Rule 5:3-5, the trial court may exercise ... The court expressly considered the statutory criteria set forth in N.J.S.A. 2A:34-23.1 in distributing the assets and liabilities of the parties ... the pendente lite disposition of marital property. Defendant claims that N.J.S.A. 2A:34-23 authorizes the equitable distribution of marital assets only upon ...

docket:	a-15-04
court:	njsupreme
decided:	2005-06-28
status:
citation:	184 N.J. 101
Document Size:	46769

29 S.W v. G.W -- rank: 732

... trial judge awarded defendant permanent alimony utilizing the version of N.J.S.A. 2A:34-23(b) that existed before its amendment in September 2014. The ... v. Steneken, 183 N.J. 290, 299 (2005). Pursuant to N.J.S.A. 2A:34- 23.1, the Legislature has provided sixteen factors the trial judge ... courts must remain true to the legislative mandate expressed in N.J.S.A. 2A:34-23.1, which assures an ordered equitable distribution be 'designed to ... and approximately $1,321,000 in mortgage debt. Pursuant to N.J.S.A. 2A:34-23.1(l), the judge found defendant had no need to ... award that lacks consideration of the factors set forth in N.J.S.A. 2A:34-23(b) is inadequate[.]' Crews v. Crews, 164 N.J. 11 ... nature of the case shall render fit, reasonable and just[.]' N.J.S.A. 2A:34-23. The standard of living during the marriage serves as ...

docket:	a4063-14
court:	NJ Superior Court Appellate Division
decided:	2018-02-20
status:	unpublished
citation:
Document Size:	170363

30 /usr/local/share/www/libweb/collections/courts/appellate/a1624-20.opn.html -- rank: 730

... 1624-20 7 change.' Citing the seven factors listed under N.J.S.A. 2A:34-23(n),3 albeit without referring directly to the statute's ... paragraph, the judge explained: 3 The factors set forth under N.J.S.A. 2A:34-23(n) are as follows: (1) Intertwined finances such as joint ... have been analyzed by applying the factors set forth in N.J.S.A. 2A:34-23(k). i. The Legislature intended that the 2014 amendments to N.J.S.A. 2A:34-23(k) would apply retroactively, except in cases where its retroactive ... on cohabitation following the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n).' Landau, 461 N.J. Super. at 108. Accordingly, the ... union but does not necessarily maintain a single common household.' N.J.S.A. 2A:34- 23(n). Of course, at the time the parties executed ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46127