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Eric is the editor and also regularly contributes to the New Jersey Family Legal Blog. This blog provides practical information and useful tips related to such topics as alimony, child support, custody, parenting time, divorce, equitable distribution, prenuptial agreements, domestic violence, and grandparent visitation. This blog is an excellent resource for individuals with New Jersey specific family law questions and advisors whose clients may encounter family law issues.

Recent Blog Posts

  • Coronavirus Stay at Home Requirements and the Enhanced Risk of Domestic Violence There has been much news coverage about how China’s divorce filings spiked after their periods of quarantine and lock down ended including in articles and Bloomberg,   the Daily Mail and many other publications.  In fact, in response to our own stay at home orders/working from home/shut down of the courts in large part, in a bit of gallows humor, I have joked that this is the divorce lawyer’s silver lining of corona virus.  As I previously blogged, whether or not... More
  • How the Economic Downturn and Financial Impact of Coronavirus Could Be Felt in 2021 and Beyond An all too familiar, if not overused, term to describe all thing Covid 19/Corona virus is “unprecedented.”  In an attempt to avoid politics, whether any of this was foreseeable or not, there is no dispute of the absolute financial devastation that the world wide pandemic as created.  The stock market has cratered, many people are out of work, businesses are closed and some may never re-open, etc.  Legislation has been passed to help businesses and citizens alike, but no one... More
  • When Dividing Deferred Compensation – Say What You Mean and Mean What You Say – To Avoid Future Litigation It is not unusual for deferred compensation (eg. stock options, restricted shares, RSU, REUs, and a whole host of others) to  be addressed in marital settlement agreements, either as assets divided in equitable distribution, for purposes of computing income for support, or both.  Often the language is complicated and in some agreements it is incomprehensible.  A proper goal and something that you often see is the attempt to avoid the double dip – that is, if deferred compensation is divided... More
  • AAML & AFCC PROVIDE SEVEN GUIDELINES FOR PARENTS WHO ARE DIVORCED/SEPARATED AND SHARING CUSTODY OF CHILDREN DURING THE COVID-19 PANDEMIC I received an email earlier this week containing guidelines for parents who are sharing custody and parenting time of their children during the Coronavirus Pandemic which was prepared by the American Academy of Matrimonial Lawyers (AAML) and the Association of Family and Conciliation Courts (AFCC).   It is reproduced, in full, below.  Obviously, we are all experiencing a “new normal”, at least for the next several weeks, if not longer.  Their guidelines certainly provide good for for thought on how to... More
  • Appellate Division Gives Guidance Regarding Life Insurance to Secure Alimony Yesterday, I blogged on the S.W. v. G.M. case in a post entitled More from the Appellate Division on Lifestyle, Foulas and the Concept of Income Equalization.  In that blog, I noted that the S.W. court also addressed the issue of life insurance to secure alimony. It is not necessary to get into the facts of S.W. further to address this issue here, other than to point out that in an open durational alimony case, the trial  judge relied on N.J.S.A. 2A:34-23(j)(1), which... More
  • More From the Appellate Division on Lifestyle, Formulas and the Concept of Income Equalization A few weeks ago, I authored a post on this blog entitled Debunking the Myth That the Percentage Used in the So-Called “Alimony Rule of Thumb” Should Go Down as the Payer’s Income Goes Up.   That post reiterated that the Court’s cannot use formulas, but that they are often used and that people have posited a theory that when incomes go up, the percentages should go down. Therein, I showed the ramifications of that theory and juxtaposed it against the... More
  • Debunking the Myth That Percentage Used in the So-Called “Alimony Rule of Thumb” Should Go Down as the Payer’s Income Goes Up It has been said over and over again that there are no formula’s to determine alimony.  As I have blogged in the past, other than one legal malpractice referencing the formula or “rule of thumb”, virtually every time the Appellate Division gets a case where a formula was used, the case is reversed because the use of formulas is not permitted.  Rather, courts are required to analyze the statutory factors which are as follows;  (1)The actual need and ability of the... More
  • The New Year’s Resolution Divorce For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a chord and has been both well received and cited by other bloggers. As such, given that the new year is near, I thought I would share that piece again, updated slightly for the new year. Over the years, I have noted that the... More
  • Do I Have To Divide the Inheritance I Received During My Marriage? An issues that frequently arises is the treatment of an inheritance received by a spouse during the marriage.  The basic rule is that any property received via gift or inheritance during the marriage is exempt from equitable distribution.  When advising people, to the end of that sentence, I usually add something like, “provided that it is kept separate from marital assets.”  Put another way, when an inheritance or any other exempt asset (like a premarital asset) is “commingled” (a legal... More
  • I’m Moving With the Kids To Burlington County – Not So Fast For decades, when a custodial parent wanted to move out of state, it would not be unusual to hear that if the court or other party won’t let me leave New Jersey, she will just move to Cape May, or some other point far away from North or Central Jersey.  When someone wanted to move just across the river to New York or Pennsylvania, you might hear an exasperated utterance about being able to move to Cherry Hill but not... More