Whether you are paying alimony or receiving alimony, or about to pay alimony or about to receive alimony, a recent case may be applicable to your situation.

Typically alimony is based on the standard of living enjoying during the marriage.  You would assume that it is also based on the earnings during the marriage.  However, that’s not necessarily the way it will work.  A recent case made it clear that under certain circumstances a court can consider the earning capacities of the parties that include earnings beyond that earned during the marriage.  The court said it can look at a principle called the “momentum of the marriage” to determine if that caused the higher future earnings.  If so, and all the other criteria relevant to the case are satisfied, a payor spouse’s current earnings, even if higher than those earned during the marriage, can be used to determine the amount of alimony to be paid.

Should you have any questions about alimony, do not hesitate to contact one of the attorneys at Iandoli & Edens at (908) 879‑9499.