Alimony/Equitable Distribution Question

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1. Alimony/Equitable Distribution Question

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Misty A. Avallone, Esq

Posted 04-19-2018 10:04 AM

Dear Listmates,

Has anyone dealt with a couple who marries just before one spouse's pension goes into payment status? Parties married in 2010, less than a year later, Husband retired and started receiving pension payments. 17 years later, he's now 70 and they're divorcing. Wife wouldn't normally be entitled to the pension in equitable distribution since they were married a short time before he retired. Since the parties used the pension benefits as income for the last 17 years, can it be used for alimony purposes? Wife needs some sort of support from Husband since their only source of income was his pension.

Note that Wife is in her late 50's and on partial permanent disability.

Thank you,

Misty A. V. Avallone, Esq.

t 609.683.7400 f 609.921.8982

e [email protected] w www.hananisaacs.com

4499 Route 27, Kingston NJ

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2. RE: Alimony/Equitable Distribution Question

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Misty A. Avallone, Esq

Posted 04-20-2018 04:36 PM

Second request. TIA.

Misty A. V. Avallone, Esq.

t 609.683.7400 f 609.921.8982

e [email protected] w www.hananisaacs.com

4499 Route 27, Kingston NJ

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3. RE: Alimony/Equitable Distribution Question

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Alice M. Plastoris, Esq
Posted 04-20-2018 04:54 PM
since it is not an asset getting split in ED, yes, the retirement and disability incomes are the incomes you use and any other income they receive.

Alice M. Plastoris, Esq.

Law Office of Alice M. Plastoris, Esq.

82 Speedwell Avenue, 2nd Floor

Morristown, NJ 07960

Telephone No. (973) 538-7070

Fax No. (973) 538-7088

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4. RE: Alimony/Equitable Distribution Question

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Misty A. Avallone, Esq

Posted 04-20-2018 05:22 PM

Thank you and to everyone who responded on and offline.

Misty

Misty A. V. Avallone, Esq.

t 609.683.7400 f 609.921.8982

e [email protected] w www.hananisaacs.com

4499 Route 27, Kingston NJ

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5. RE: Alimony/Equitable Distribution Question

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Thomas R. King, Esq
Posted 04-20-2018 04:57 PM
Was it a 7 year marriage? Were they living together before the marriage? Was she part of the support while he was earning the pension?

Tom King

Thomas R. King, Esq

C: 973-750-8348 O: 973-838-4464 Fax: 973-838-4469
www.njfamily.law - www.njdivorce.law

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