Articles Posted in Divorce

by Jonathan W. Wolfe

Published in Family Advocate, Vol. 38, No. 2, (Fall 2015) p. 14-20. © 2015 by the American Bar Association.

Matrimonial attorneys who handle high-asset cases are confronted with a variety of complex legal and factual questions when either their client or the client’s spouse is a beneficiary of a trust. When considering family trust funds and divorce answer these questions:

By: Richard F. Iglar

You have come to a decision which you may have been dreading, or which may make you feel relieved. You are taking the first step toward a decision which will allow you to take control of the direction of your future life. You are going to start interviewing top New Jersey divorce attorneys (and hopefully you have made the wise decision to hire a seasoned, wise and practical AAML attorney to guide you through the difficult divorce process). What is your matrimonial attorney going to need from you do his or her job effectively? What can you do to provide your attorney with the background and tools he or she will need to represent you in the effort to obtain the best possible outcome for you? What can you do to convey that information to your attorney in a practical and efficient way and put you ahead of the curve?

Your attorney is going to explain to you the three major issues before you in the divorce case: 1) custody and parenting time; 2) equitable distribution of the marital assets; and 3) the financial support issues of alimony and child support.

By: Thomas J. DeCataldo Jr., Esq. and Jeb-Michael Harmon, Esq.

According to a recent article put out by the American Association for Retired Persons (hereafter “AARP”), if late-life divorce were a disease, it would be an epidemic. The trend has become so common in matrimonial practice it has derived its own nickname, known as “gray divorce.” While the overall divorce rate declined nationwide from its zenith of 5.3 divorced per 1,000 people in 1981 to 3.2 divorced per 1,000 today, incidents of gray divorce doubled over the last 20 years making this a trend worthy of attention for those practicing family law.

Divorcing clients over the age of 50 face a unique and challenging process, often made complicated by concerns regarding healthcare costs, retirement, social security benefits, property division and calculating alimony. It is important that NJ matrimonial attorneys have a strong working knowledge of Social Security Benefits, in order to help navigate conflicts over support related issues. It is also essential that critical deadlines not be overlooked, otherwise divorcing litigants may irretrievably (and avoidably) lose entitlements to benefits that would have otherwise been available.

by Jonathan W. Wolfe and Christopher McGann

This article was previously published in New Jersey State Bar Association New Jersey Family Lawyer.

Mrs. Smith has retained representation in her divorce from her husband. She is a 60-year-old retired teacher who is in good health. Her husband is 58 and is also in good health. At the initial consultation, Mrs. Smith explains that her pension is her most valuable asset. She also explains that five years ago she and her husband elected a survivorship interest on her pension naming her husband as the beneficiary. The effect of this election is that pension payments received by Mrs. Smith are reduced; however, in the event of her death, payments would continue to be made to her husband until his death. These payments to her husband will be made regardless of whether the parties are married at the time of Mrs. Smith’s death. Mrs. Smith would like to understand how her pension, and specifically Mr. Smith’s survivorship interest, will be treated in the divorce.

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