Added: Shann Nourse - Date: 16.05.2022 14:43 - Views: 34378 - Clicks: 6257
Many folks that I grew up with here in East Brunswick, New Jersey, know that I am a family law and divorce attorneyand my law firm is here in my hometown. However, based upon some of the comments on this Facebook post by other friends and text messages I received from others, it suddenly became clear to me that many people mistakenly assume that if their partner cheated on them, they will no longer be responsible for alimony.
Courts tend to determine alimony based on financial dependency rather than marital fault. Mani v. In the Mani case, the parties met in Brenda Mani started working for her future husband, James Mani, at his seasonal amusement business on the Seaside Heights boardwalk. In addition to being part-owner of the boardwalk business, James was also a partner in Florida based travel agency. Brenda graduated from college inand began teaching preschool while working with James during the summer. The couple purchased their first home prior to their marriage in in However, a condition on the gift that her husband a waiver that he was not entitled to share in the stock.
Brenda began to sell her shares of Ultimate Corporation, and purchased tax-free bonds in her own name.
While she discussed her investments with her husband, Brenda contended she made all stock sales under the directions of her father, broker, and financial adviser. Conversely, James claims that he was the actual drive effecting the sales.
While the property was conveyed to the couple as husband and wife, the title was later transferred to Brenda. While the couple retired from the boardwalk business inthey continued their lavish lifestyle. After seven years together in retirement Brenda became aware that her husband was having an affair. Brenda filed for divorce alleging adultery and extreme cruelty. James in turn filed a motion for pendente lite relief.
In otherwords, pendente lite order is temporary in nature and is often used to provide for the support of the lower income spouse while the legal process moves ahead. Brenda countered that her husband was not entitled to any alimony at all. In her cross appeal, Brenda argued that her husband was only entitled to sixteen percent of the purchase price of the home as that was the percentage attributable to the sale of their home. Even though the award may have been insufficient for James to enjoy the extravagant lifestyle he once relished, the Appellate Division found the reduction justified because he committed adultery and acts of extreme cruelty.
The New Jersey State Bar Association thought the issues at hand were so important to the future of New Jersey law, it requested to the case and was granted amicus curiae status. This status is used as a way to introduce concerns ensuring the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case, and to help the court by clarifying the law impartially. James asked the Court to establish, as rule of law, that fault should play no part in an alimony determination or award of counsel fees. James contends that courts are abiding by that rule as a matter of practice, and the Appellate Division was wrong in changing this practice by bringing fault into the analysis.
In regards to counsel fee awards, marital fault is completely irrelevant. New Jersey Statute 2A b provides a list of factors a court shall consider when ordering alimony. In Kinsella v.
Kinsellathe New Jersey Supreme Court stated the focus of alimony determination is generally on the financial situation of the parties, and marital fault rarely enters into the equation. For more information on this issue, please contact my office today. NJ Divorce Lawyer.Cheating wives New jersey
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