- 16 - c. Whether the Weekly Payments and Other Property Awarded to Mrs. Spector Equaled One-Half of the Marital Estate As discussed in paragraph A-3-a, Dr. Ehrenworth and Mrs. Spector used the weekly payments to achieve an acceptable division of their marital assets and to provide support for Mrs. Spector. The record shows that Mrs. Spector received somewhat more than one-half of the marital estate in the form of the weekly payments and other marital property awarded to her. This factor is neutral. d. Whether the Weekly Payments Were Fixed in Amount and Subject to Contingencies The payments were fixed in amount and duration. Under New Jersey law, alimony is generally subject to review and modification on a showing of changed circumstances. N.J. Stat. Ann. sec. 2A:34-23 (1987); Lepis v. Lepis, 83 N.J. 139, 416 A.2d 45, 48 (1980). The agreement required Dr. Ehrenworth to pay Mrs. Spector $800 per week for 12 years whether or not Dr. Ehrenworth's or Mrs. Spector's financial circumstances changed. The payments were not contingent on Mrs. Spector's not remarrying, although they would cease if Mrs. Spector died. See N.J. Stat. Ann. sec. 2A:34-25 (alimony stops on remarriage). Mrs. Spector points out that the payments were contingent only on her staying alive during the payment period. She argues that her death is not a significant contingency and that she agreed that the payments would end when she died because herPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011