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45 A.3d 1001
N.J. Super. Ct. App. Div.
2012
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Background

  • Parties were married March 17, 1996, for about nine-and-a-half years with two children.
  • Trial judge awarded limited duration alimony for ten years rather than permanent alimony.
  • Defendant has a history of bipolar disorder and other mental health issues beginning around 2002–2003.
  • Plaintiff (J.E.V.) had a successful medical practice; defendant managed finances and office operations.
  • Evidence showed defendant could potentially return to work with earnings estimated at $35,000 annually.
  • Court upheld the ten-year limited duration alimony given intermediate marriage length, defendant’s dependency period, and health facts.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether limited duration alimony was appropriate J.E.V. argues for limited duration given intermediate marriage K.V. argues for permanent alimony due to mental health Ten-year limited duration alimony affirmed
Credit for pendente lite tax reserve adjustment Mallamo credit should reflect underpayment Credit should be granted to reimburse taxes Credit denied; no modification of pendente lite order
Counsel and expert fees amount Defendant seeks $227,710; award should reflect contributions Plaintiff should bear greater share of fees Award of $69,362 upheld as reasonable

Key Cases Cited

  • Cox v. Cox, 335 N.J. Super. 465 (App.Div.2000) (limits/appropriateness of limited duration alimony)
  • Crews v. Crews, 164 N.J. 11 (1999) (economic dependency and marriage partnership considerations)
  • Steneken v. Steneken, 183 N.J. 290 (2005) (lifestyle comparability and marriage as partnership)
  • Gordon v. Rozenwald, 380 N.J. Super. 55 (App.Div.2005) (purpose of limited duration alimony in mid-length marriages)
  • Mallamo v. Mallamo, 280 N.J. Super. 8 (App.Div.1995) (pendente lite adjustments and term alimony history)
  • McGee v. McGee, 277 N.J. Super. 1 (App.Div.1994) (permanent/alimony considerations after relatively short-term marriages)
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Case Details

Case Name: J.E.V. v. K.V.
Court Name: New Jersey Superior Court Appellate Division
Date Published: Jun 21, 2012
Citations: 45 A.3d 1001; 2012 WL 2344160; 2012 N.J. Super. LEXIS 103; 426 N.J. Super. 475
Court Abbreviation: N.J. Super. Ct. App. Div.
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