Norman Spector and Marcia Spector - Page 11

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               2.   Contentions of the Parties                                        
               Dr. Ehrenworth argues that the payments are alimony because            
          the agreement said the payments were alimony and the New Jersey             
          courts enforced the agreement.  He points out that the agreement            
          does not say that the payments ceased being alimony when                    
          Mrs. Spector remarried.                                                     
               Mrs. Spector argues that the postremarriage weekly payments            
          are not alimony for tax purposes because, under New Jersey law,             
          courts may not order alimony to be paid after the remarriage of             
          the recipient of the payments.  N.J. Stat. Ann. sec. 2A:34-25.              
               Respondent argues that we should allocate the payments                 
          between alimony and a property settlement.  Dr. Ehrenworth                  
          testified that the marital estate was worth about $2 million,               
          and that he received about 55 percent of the estate without                 
          considering the weekly payments.  Respondent contends that                  
          Dr. Ehrenworth received about $200,000 (the difference between              
          $1.1 million (55 percent of the marital assets) and $900,000 (45            
          percent)) more than Mrs. Spector.  Respondent points out that, to           
          equally divide the assets, Dr. Ehrenworth would have had to pay             
          Mrs. Spector half of the excess he received; i.e., $100,000.                
          Under the agreement, the weekly payments totaled $499,200                   
          ($800/week times 52 weeks times 12 years).  Respondent argues               
          that we should allocate about 20 percent ($100,000/$499,200) of             








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