When calculating alimony, most would assume that the calculation would be based upon the breadwinner’s income prior to the divorce. After all, why should the ex-spouse benefit from business success earned after their relationship has been legally severed? In a surprising verdict, however, Superior Court Judge Lawrence Jones ruled against this assumption.
In Dudas v. Dudas, a New Jersey case, James and Pamela filed for divorce in 2008, when James was earning about $40,000 a year. In 2009 and 2010, however, he earned $64,000 and $76,000, respectively. Judge Jones ruled that Pamela was entitled to a portion of the increased earnings as part of her monthly alimony. The judge’s reasoning was that by foregoing educational opportunities, maintaining a strong and stable household, and working when necessary, Pamela provided James with the platform that enabled his future success. Jones cited Guglielmo v. Guglielmo, 253 N.J Super. 531 (App. Div. 1992), a case in which the court said, “A spouse that maintains the house while the husband’s career advances should share in the rewards of their combined efforts.” To read more details click here: Alimony Determination Post Divorce- Increase in Income