Legal Question in Family Law in New Jersey
Equitable Property Distribution and alimony
1. I (58)am paying Pendente Lite and all household bills since wife lied to file DV complaint and got restraining order. She (53)has worked and I was told that she does not have to split half(her income) with me; do I have to split half or all of my income to her? [23 year marrage,I worked she would not, no child support]
2.Can a small inheritence of $10K be calculated into my ability to pay more permenant alimony since I am on Soc. Sec Disb income and pension?
2 Answers from Attorneys
Re: Equitable Property Distribution and alimony
It appears that what is occurring now is based on the result of a Domestic Violence Final Restraining Order. This is not what the final result will be once the divorce case is determined. In general, alimony is based on many factors, including ability to pay and the needs of the party receiving the alimony. A full review of your circumstances will need to be made before a determination can be made. With regard to the inheritance, it is so small, it does not appear to me that it would be much of a factor, if at all. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then
will you be able to rely on the advice. If you call me, mention Law Guru and your first one our consultation will be free. Good luck! Rob Gleaner
Re: Equitable Property Distribution and alimony
Your inheritance is small and not likely to be given serious consideration in calculating support. If she earns more than or the same as you you do not pay support to your wife. In your divorce case you can file a motion to reduce or eliminate spousal support given the right circumstances.
Your inheritance is exempt from equitable distribution; it is yours to keep.
You sound as though you have no lawyer. You should hire an attorney.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com