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Even after the court has applied the statutory factors and reached an alimony amount that achieves a reasonably comparable lifestyle, the court of equity must review the result to assure that it is fair

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October 26, 2012 at 2:40 pm


Law Lessons from EDWIN BICE VS. TAMMY BICE, App. Div., A-5908-10T4, October 19, 2012:

Alimony is designed to enable the supported spouse to “achiev[e] a lifestyle that is reasonably comparable to the one enjoyed while living with the supporting spouse during the marriage.” Crews v. Crews, 164 N.J. 11, 16 (2000). However, the court must strive to maintain the marital lifestyle of the payor as well. Id. at 26 (“The court should state whether the support authorized will enable each party to live a lifestyle ‘reasonably comparable’ to the marital standard of living.”) Ibid. Often, the parties will be unable to enjoy the marital standard of living post-divorce, once the parties lose the economies of scale of a single household, especially when their marital spending has consumed all their incomes. Ibid. Finally, even after the court has applied the statutory factors and reached an alimony amount that achieves a reasonably comparable lifestyle, the court of equity must review the result to assure that it is fair. Steneken v. Steneken, 183 N.J. 290, 302 (2005).



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