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