Legal Question in Family Law in New Jersey

NJ adjusted alimony (lepis), remarrige

receiving spouse ask for increase in alimony increase based on change of circumstances (Lepis), providing spouse is remarried family income ans assets increased significant after marriage.

Does Court take income and assets merged through marriage (provider) into consideration?


Asked on 10/16/08, 6:21 pm

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: NJ adjusted alimony (lepis), remarrige

I agree with Mr. Moore. In addition, you can't consider just one issue when it comes to alimony.

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Answered on 10/16/08, 8:44 pm
Gary Moore Gary Moore Attorney At Law

Re: NJ adjusted alimony (lepis), remarrige

I have some difficulty seeing how an increase in the provider's income after divorce could have anything to do with the amount of alimony paid to a former spouse. The dependent spouse is not equitably entitled to share in a former spouse's successful efforts after the divorce; she had nothing to do with the increase in assets or income.

Additionally, if the provider's assets increased due

to a subsequenct marriage the former spouse is not

entitled to share in what the new wife brought into the marriage.

On the other hand, the provider spouse would be entitled to a reduction of alimony if he circumstances deteriorated, financially. I think

some careful research is required.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/16/08, 6:38 pm


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