Search Rutgers Law Library N.J. Court Opinions

31 CARLA J. SADEJ v. JESSE D. SADEJ -- rank: 722

... made findings on each of the properties and applied the N.J.S.A. 2A:34-23.1 factors. He decided to equally divide the properties "with ... goal, the trial court must consider the factors enumerated in N.J.S.A. 2A:34-23.1. These factors include, in part, the length of the ... of each party, and the present value of the property. N.J.S.A. 2A:34-23.1a, d, f, g, k. In determining an appropriate distribution ... Monte , 212 N.J. Super. 557, 567 (App. Div. 1986); N.J.S.A. 2A:34-23.1m. The trial court "should apply all the factors" and ... but not limited to, the factors" listed in the statute. N.J.S.A. 2A:34-23.1. We will "affirm an equitable distribution as long as ... these calculations further in light of the factors listed in N.J.S.A. 2A:34-23.1, as the judge did, he made a fair ...

docket:	a2347-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-16
status:	unpublished
citation:
Document Size:	47756

32 DAVID ANDERSON v. MELISSA ANDERSON -- rank: 722

... analyzed the alimony claim by considering the factors listed in N.J.S.A. 2A:34-23(b). He found that alimony was 'necessary' given rental costs ... and III, plaintiff contends that the judge failed to consider N.J.S.A. 2A:34-23(j), which provides that 'alimony may be modified or terminated ... to the marital standard of living.' Id. at 26 (citing N.J.S.A. 2A:34-23(b)(4)). Courts may award alimony 'as the circumstances of ... nature of the case shall render fit, reasonable and just[.]' N.J.S.A. 2A:34-23. 'Whether alimony should be awarded is governed by distinct, objective standards defined by the Legislature in N.J.S.A. 2A:34-23(b).' Gnall, 222 N.J. at 429. Limited duration alimony ... Super. 340, 354 (App. Div. 2009). Plaintiff's reliance on N.J.S.A. 2A:34-23(j) is misplaced. Enacted as an amendment to the ...

docket:	a0922-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-28
status:	Unpublished
citation:
Document Size:	50092

33 DAVID SCOTT LANDAU v. STACY LANDAU -- rank: 717

... on cohabitation following the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n). We determine the party seeking modification still has the ... being 'limited in scope to the factors set forth in N.J.S.A. 2A:34-23(n).' The court subsequently denied defendant's motion for reconsideration ... permitted to conduct discovery 'will render the 2014 amendments of N.J.S.A. 2A:34-23(n) essentially meaningless.' He argues in those amendments 'our Legislature ... cohabit with another individual pursuant to then-existing law (now N.J.S.A. 2A:34-23(n))' entitles him 'to all information statutorily required for analysis ... entitles him 'to all information statutorily required for analysis' under N.J.S.A. 2A:34-23(n), including 'all relevant financial information,' without a prima facie ... 9 (2d ed.); N.J. Rev. Stat. § 19 (1877)). N.J.S.A. 2A:34-23, our current statute, similarly provides that 'after judgment of ...

docket:	a1240-18
court:	NJ Superior Court Appellate Division
decided:	2019-09-12
status:	Published
citation:	--- A.3d ----
Document Size:	33296

34 DARYL B. WAINER v. MIGUEL A. WAINER -- rank: 715

... as equitable distribution is a factor in determining alimony, see N.J.S.A. 2A:34-23(b)(10), but alimony is not a factor in determining equitable distribution, see N.J.S.A. 2A:34-23.1, we begin by assessing the trial court's equitable ... trial court must consider the statutory factors set forth in N.J.S.A. 2A:34-23.1. Sauro v. Sauro , 425 N.J. Super. 555 , 576 ... must make specific findings, considering the fourteen factors outlined under N.J.S.A. 2A:34-23(b). These factors include: (1) The actual need and ability ... 14) Any other factors which the court may deem relevant. [ N.J.S.A. 2A:34-23(b).] For most of their marriage, the parties lived a ... trial court examined each of the statutory factors outlined in N.J.S.A. 2A:34-23(b). Although defendant challenges the court's findings as ...

docket:	a4321-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-13
status:	unpublished
citation:
Document Size:	53331

35 DINA MEIXNER v. THOMAS MEIXNER -- rank: 715

... of cohabitation, the court applied the factors set forth in N.J.S.A. 2A:34-23(n)(1) to (7).4 The court found Thomas failed ... intertwined finances, joint bank accounts or other holdings or liabilities. N.J.S.A. 2A:34-23(n)(1). Nor, the court found, did Thomas produce evidence of sharing or joint responsibility for living expenses . N.J.S.A. 2A:34- 23(n)(2). The court noted that, while not dispositive, the ... and friends recognize that they are in a committed relationship. N.J.S.A. 2A:34-23(n)(3). The court found Thomas produced evidence that Dina ... indicia of being mutually supportive and intimate, for several years. N.J.S.A. 2A:34-23(n)(4). The court found that Thomas produced evidence of ... household chores, but concluded that the sharing is not significant. N.J.S.A. 2A:34- 23(n)(5). Apart from evidence that Joel occasionally drives ...

docket:	a0551-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-12
status:	Unpublished
citation:
Document Size:	32104

36 MEHRVASH WEAVER v. RONALD WEAVER -- rank: 710

... motion to modify or terminate his permanent alimony obligation under N.J.S.A. 2A:34-23(j)(3), determining that the statute did not address alimony ... his planned retirement four years later, filed a motion under N.J.S.A. 2A:34-23(j)(3) to terminate or reduce his alimony obligation to ... September 10, 2014, our legislature had amended the alimony statute, N.J.S.A. 2A:34-23. A new subsection (j) was added that was effective immediately ... terminated upon the prospective or actual retirement of the obligor.' N.J.S.A. 2A:34-23(j). In addition, N.J.S.A. 2A:34-23(j)(3), provides, in pertinent part: When a retirement application ... to modify or terminate alimony.2 2 In its entirety, N.J.S.A. 2A:34-23(j)(3) states: (3) When a retirement application is ...

docket:	a0228-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-27
status:	published
citation:
Document Size:	26616

37 B.G v. E.G -- rank: 705

... all of the children.' The court considered the factors under N.J.S.A. 2A:34-23.1 in making equitable distribution of the parties' marital property ... the need for alimony, the court considered the factors in N.J.S.A. 2A:34- 23(b) and (c). The court noted the parties had been ... to marriage in itself was not an exceptional circumstance under N.J.S.A. 2A:34-23(c), we nonetheless agree with the trial judge that exceptional ... alimony, the judge must consider the thirteen factors enumerated in N.J.S.A. 2A:34-23(b), along with any other factor deemed relevant. N.J.S.A. 2A:34-23(c) limits the duration of alimony to the length of ... or circumstances that the court deems equitable, relevant and material. [N.J.S.A. 2A:34-23(c).] Here, there was substantial credible evidence in this ...

docket:	a0830-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	63580

38 D.K.,1 v. B.K -- rank: 705

... of 'changed circumstances.'' Lepis, 83 N.J. at 146; see N.J.S.A. 2A:34-23. They are also subject to enforcement of valid anti-Lepis ... should have fashioned a temporary order using her authority under N.J.S.A. 2A:34-23. Section N.J.S.A. 2A:34-23(k) permits temporary reductions in alimony payments, not child support ... defendant's income, assets, and reasonable resort to credit.' Ibid.; N.J.S.A. 2A:34-23. Here, plaintiff did not request an ability-to-pay hearing ... planning goals. Plaintiff relies on Innes, where our Court discussed N.J.S.A. 2A:34-23, which states, '[w]hen a share of a retirement benefit ... determining alimony.' 117 N.J. at 505 (emphasis added) (quoting N.J.S.A. 2A:34-23(b)). The Court held '[t]he plain language of ...

docket:	a0603-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-07
status:	Unpublished
citation:
Document Size:	50252

39 KRITHIGA SADEESHKUMAR v. SADEESHKUMAR VENUGOPAL -- rank: 702

... The dissipation of assets is a consideration in equitable distribution. N.J.S.A. 2A:34-23.1(i); see also Kothari v. Kothari, 255 N.J ...

docket:	a0434-23
court:	NJ Superior Court Appellate Division
decided:	2024-02-09
status:	Published
citation:
Document Size:	36045

40 C.C. v. R.C. -- rank: 702

... the court from time-to-time as circumstances may require. N.J.S.A. 2A:34-23. In September 2014, the Legislature amended the alimony and maintenance statute, N.J.S.A. 2A:34-23, 'to more clearly quantify considerations examined when faced with a ... entered in 2004, before the September 10, 2014 amendment to N.J.S.A. 2A:34-23 became effective. Nevertheless, the PSA does not include any provisions ... circumstances warranting modification of alimony. Id. at 151. Similarly, in N.J.S.A. 2A:34-23(k) and (l), the Legislature identified the factors a court ... factors to be considered both under Lepis and the amended N.J.S.A. 2A:34-23(k), are changes in the respective financial circumstances of the parties. N.J.S.A. 2A:34-23(k)(7); Lepis, 83 N.J. at 151. Moreover, ...

docket:	a4441-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-26
status:	unpublished
citation:
Document Size:	49034

41 /usr/local/share/www/libweb/collections/courts/appellate/a3213-19.opn.html -- rank: 700

... evidence to establish a prima facie showing of cohabitation under N.J.S.A. [2A:34-23(n)]. . . . .... [F]rom the [c]ourt's perspective, all the ... the court from time to time as circumstances may require.' N.J.S.A. 2A:34-23. To make such a modification, a showing of 'changed circumstances ... A-3213-19 13 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n).' Those amendments defined cohabitation as 'involv[ing] a mutually ... union but does not necessarily maintain a single common household.' N.J.S.A. 2A:34- -23(n). To determine whether there is a prima facie showing ... In 2014, the Legislature addressed cohabitation in subsection (n) of N.J.S.A. 2A:34-23. That provision sets forth the following considerations that bear upon ... is occurring' . . . .' Landau, 461 N.J. Super. at 116 (quoting N.J.S.A. 2A:34-23(n)). We determined the party seeking modification still bears ...

docket:
court:
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Document Size:	46935

42 Brenda Mani v. James J. Mani -- rank: 700

... a divorce action on fault-based grounds are minimal. Addressing N.J.S.A. 2A:34-23, the Court stated that the focus on the decision regarding ... hereinafter Final Report]. “In very large part” the resulting statute, N.J.S.A. 2A:34-23, was “based upon the proposed Divorce Reform Bill” contained in ... regardless of which party caused the breakdown in the marriage. N.J.S.A. 2A:34-23, and despite the Commission’s stated hope that further study ... irrelevant to equitable distribution, child support and custody, we addressed N.J.S.A. 2A:34-23 and stated that “the focus of the decision regarding alimony ... the issue of attorneys’ fees. In awarding attorney’s fees, N.J.S.A. 2A:34-23 requires a court “to consider the factors set forth in ... parties, and the good or bad faith of either party. [ N.J.S.A. 2A:34-23 (emphasis supplied).] Under the enabling statute, then, the trial ...

docket:	a-53-03
court:	njsupreme
decided:	2005-04-06
status:
citation:	183 N.J. 70
Document Size:	101308

43 A.W.,1 v. A.C.W -- rank: 698

... changed circumstances and her alleged cohabitation with E.S. under N.J.S.A. 2A:34-23(n). Defendant contends he established a prima facie case of ... the court from time to time as circumstances may require.' N.J.S.A. 2A:34-23. To make such a modification, 'a showing of 'changed circumstances ... on cohabitation following the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n).' Those amendments defined cohabitation as 'involv[ing] a mutually ... union but does not necessarily maintain a single common household.' N.J.S.A. 2A:34-23(n). To determine whether there is a prima facie showing ... In 2014, the Legislature addressed cohabitation in subsection (n) of N.J.S.A. 2A:34-23. That provision sets forth the following considerations, which bear upon ... is occurring.'' Landau, 461 N.J. Super. at 116 (quoting N.J.S.A. 2A:34-23(n)). We determined the party seeking modification still bears ...

docket:	a0433-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-04
status:	Unpublished
citation:
Document Size:	46436

44 M.L.M. v. M.W.M. -- rank: 698

... also argues the trial court erred by failing to apply N.J.S.A. 2A:34-23(k) to his motion for alimony modification. Generally, because marital ... 408, 419 (1999)); see also 6 A-2611-16T 3 N.J.S.A. 2A:34-23 (Support orders 'may be revised and altered by the court ... judge erred by failing to analyze the factors outlined in N.J.S.A. 2A:34-23(k). He asserts he established a substantial change in circumstances pursuant to N.J.S.A. 2A:34-23(k), and the judge should have applied the statute even ... passage. At the outset, we note defendant did not argue N.J.S.A. 2A:34- 23(k) should retroactively apply to his motion. Rather, it appears ... judge did not abuse her discretion by declining to apply N.J.S.A. 2A:34-23(k). Defendant relies on Mills v. Mills, 447 N. ...

docket:	a2611-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-11
status:	unpublished
citation:
Document Size:	50437

45 LISA LOMBARDI v. ANTHONY A. LOMBARDI -- rank: 695

... in a support award. We agree. Alimony is authorized by N.J.S.A. 2A:34-23 and is governed by the factors enumerated in N.J.S.A. 2A:34-23(b). 4 It exists to "permit [one spouse] to share ... the award is 'fit, reasonable and just' to both parties, N.J.S.A. 2A:34-23, and properly balances each party's needs, the finite marital ... resources, and the parties' desires to commence their separate futures, N.J.S.A. 2A:34-23(c)." Gnall v. Gnall , 432 N.J. Super. 129 , 149 ... greater entitlement to that standard of living than the other." N.J.S.A. 2A:34-23(b)(4). We therefore hold that the Family Part must ... findings of fact and conclusions of law in that regard." N.J.S.A. 2A:34-23(b). We recognize that the court attempted to identify ...

docket:	a3624-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-12
status:	published
citation:	447 N.J.Super. 26 145 A.3d 709
Document Size:	82464