Income Increase Can Be Factored Into Divorce Alimony
SPIKE IN INCOME AFTER MARITAL SPLIT CAN BE FACTORED INTO ALIMONY DETERMINATION
A breadwinner's sharp rise in income following a marital breakup can be used in calculating alimony, especially if the other spouse's support during the marriage enabled the earner's success, an Ocean County judge ruled Tuesday. Superior Court Judge Lawrence Jones rejected James Dudas's argument that alimony should be based solely on what he was earning before he and his wife Pamela separated. "While on the surface there may appear to be logic and an attractive simplicity to defendant's position, the financial complexities of divorce weigh heavily against completely excluding defendant's post-complaint income from consideration in the alimony analysis," Jones wrote in Dudas v. Dudas, FM-1692-10N. During their 26-year marriage, James averaged $40,000 annually, but after Pamela filed for divorce, he began enjoying dramatic increases in income.
NJLJ 11/2/2011 Spike in Income After Marital Split Can Be Factored Into Alimony Determination
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