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Dear Cassie: : I am in the process of going through a divorce. I do not
currently work and have not worked for most of the marriage (10 years). My
husband and I lived a very nice lifestyle during our marriage, which included
regularly attending the theater and opera in Manhattan. (I haven’t been able to
partake in this entertainment over the past year due to COVID-19). My husband
has told me that, now that we are getting divorced, I have to cancel these memberships.
Is this true? - J.L.
Dear J.L.:
should be maintained pending a trial or settlement of your case. Without a written
agreement of the parties or Order of the Court permitting the memberships
to be canceled, they should be maintained pending the outcome of your case. As
for whether the memberships will be maintained post-divorce, the issue here is
earnings capacities of both parties and any alimony paid or received) to continue
to live a lifestyle reasonably comparable to the marital lifestyle, post-divorce.
In determining alimony, New Jersey courts consider a number of factors,
including each party’s earnings capacity, the length of the marriage and the
standard of living during the marriage. Generally speaking, if you have traditionally
been the supported spouse during the marriage while your husband
worked, it is likely you will receive alimony from him post-divorce. The court will
consider in the alimony analysis your ability to earn an income after returning
to the job market, notwithstanding the fact that you do not currently earn an
income. However, if there is a great disparity between your earnings capacity
and your husband’s earnings capacity, you are likely an alimony candidate.
Pursuant to New Jersey’s alimony statute, each party is entitled to live at a
lifestyle “reasonably comparable” to the marital standard of living post-divorce,
50 JUNE 2021 | TheJournalNJ.com
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Cassie Murphy is a divorce and family law
Bank and Woodbridge.
ASK CASSIE
with neither party having a greater entitlement to that standard of living
than the other. Thus, how you spent money and lived your lifestyle during
the marriage becomes relevant. During your divorce, you will be required
to prepare a document called a Case Information Statement, which iden-
your expenses for entertainment, including the theater and the opera.
Your lawyer will likely seek alimony which will permit you to continue to
pay these expenses post-divorce. Your husband’s income and expenses
will also be relevant in assessing the ability for either party to continue to
maintain these expenses post-divorce.
To the extent that your lifestyle was recently diminished due to
COVID-19 (for example, you stated that you have not been able to attend
the theater and opera in the past year), you will need to be prepared to
address with the court this aberrant and presumably temporary decrease
in your lifestyle, and how it should not be used as a basis to decrease your
alimony post-divorce.
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Count Basie Holds
Outdoor Musical and
Comedy Performances
This Summer
BY JULIA MORTIMER
Count Basie Center for the Arts is presenting a new outdoor summer
series, “Concerts On The Plaza,” at the center’s new William James
and Catherine Basie Plaza at 99 Monmouth Street.
“Concerts On The Plaza represents yet another pivot for us to safely
-
lowed to open our historic theatre with a capacity that allows us to operate
properly,” said Adam Philipson, president and CEO of the Count Basie
Center for the Arts.
The series will feature table seating for two or four guests. Safety
and health protocols will be in place and have been reviewed by Hackensack
Meridian Health’s Keeping America Safe Assist Program.
Shows take place on Friday and Saturday nights throughout July,
featuring performers such as musician Jared Hart, local band Well Wisher,
Asbury Park band Sonic Blume, indie rock group Hodera and stand-up
comic Shayne Smith.
For more information on performances and to purchase tickets,
visit theBASIE.org.
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