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In New Jersey, marital settlements are determined by many different factors, including, length of the marriage, assets each party may have brought in to the marriage, as well as intangible issues such as how “fair” each party wants to be with the other, or how much do they want to fight. Although many if not most celebrity divorces are sealed, it was known that Tiger Woods paid $750,000,000 in his divorce, Mel Gibson $425,000,000 in his and Michael Jordan $168,000,000 in his.  Obviously, each of these divorces have a wide and varying range of facts, the most important first step is to speak with an attorney and get the factors that will affect your particular case.  Your settlements will most likely not be in the range of these celebrities, but to get the facts for your case call one of our experienced attorneys at IANDOLI & EDENS (908) 879-9499.

Are you prepared for the upcoming holidays? Who is hosting Thanksgiving this year? Who is making the turkey?  Who is making the pies?  Who is picking up grandma?  And where will the children be?

Yes, you read correctly. Where will the children be?  The holidays are stressful enough for intact families, but there is an additional stress for families of divorce.  Who will the children be with for Thanksgiving?  Who will the children be with for Hanukkah?  Who will the children be with for Christmas?   Where will the children be for any given holiday?  And for that matter, what is a holiday?

The answer is different for every family. Typically, parties who are already divorced have a detailed holiday schedule contained in their settlement agreement. The holiday schedule can be as detailed as the parties want and address any holiday the parties want.  For many people being able to take their children Trick or Treating on Halloween is just as important as eating pumpkin pie with them on Thanksgiving.  For divorced or separated families a detailed holiday schedule is essential to enjoying the season. The holidays are about spending time with friends and family; not about fighting over spending time with friends and family.

Unfortunately, some settlement agreements do not adequately address the holidays. Or perhaps the parties are newly separated and have not reached an agreement yet.  If you do not know where your children are supposed to be for the holidays contact one of our experienced attorneys at IANDOLI & EDENS (908) 879-9499 and we will help you come up with a plan that works for your family.

 

In the recent case of Cathleen Quinn v. David J. Quinn, the Husband and Wife signed a Marital Settlement Agreement (MSA) that stated, in part, alimony would end with “Wife’s cohabitation.”  Wife lived with a man for over two years at which point her ex-husband filed to terminate alimony.   The lower Court only suspended alimony for the time period of the cohabitation as the Wife no longer cohabitated at the time of trial.  It did this because she was “entirely dependent on her alimony for her support.”  At the time of the divorce, the Husband earned almost ten times as much as the Wife.

On May 3, 2016, the NJ Supreme Court reversed this decision. It held that “An agreement to terminate alimony upon cohabitation, entered by fully informed parties, represented by independent counsel, and without any evidence of overreaching, fraud, or coercion, is enforceable.”  The majority of the Justices felt that with the clear language in the MSA calling for termination, it had to be enforced.

WHAT THIS MEANS FOR YOU: before you sign an MSA always make sure that you discuss all future possible circumstances with your attorney so that you know what your obligations/rights are and how they can change.  After the divorce, know that the Courts heavily favor following the MSA to the letter so if you need to enforce one of its clauses, you have a good chance of success upon filing a motion.