Monday, January 21, 2013
Alimony and Property Settlement Awards Require Specific Findings of Fact
The court may not make an award of alimony or equitable distribution without including ample evidential support on the record for its finding. The New Jersey Appellate Division reaffirmed the fact that the court must make specific findings of fact when making such decisions when it reviewed the case of Bice v. Bice. The NJ Appellate Division held "the court shall make specific findings of fact on the evidence relevant to all issues pertaining to asset eligibility or ineligibility, asset valuation, and equitable distribution, including specifically, but not limited to, the factors set forth in this section." N.J.S.A. 2A:34-23.1. The factors include the length of marriage or civil union, age and health of the parties, income or property they brought to the relationship, any pre-nuptial or ante-nuptial agreements, their economic circumstances, income, earning capacity, education, training, skills, time out of job market, child-rearing responsibilities, any contribution by one party to the earning capacity of the other, the contribution of each to acquisition of marital assets, tax consequences of the distribution to the parties, debts, career deferral by either party and any other factors the court deems relevant. If you are considering divorce or dissolution of a civil union you will be addressing spousal support and equitable distribution and should consult an experienced family law attorney immediately in order to protect your rights. For more information on alimony, equitable distribution, child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.