In a new unpublished decision, Rossi v. Rossi, #A-4179-08T (N.J. Appellate Division 7/30/10), the Appellate Division reiterated the standard for an award of permanent alimony. The Court held that in a 14 year marriage where the wife had worked part time in retail for under $10 per hour, and the husband had worked his way up to a supervisory position and made 16 times more than the wife, permanent alimony was appropriate. The fact that she had some earning capacity did not mean that limited duration alimony was merited where her earning capacity was not enough to come close to the life-style maintained during the marriage. The awards of alimony and child support still left the husband with more money for personal expenses than he was paying to the wife.
C. Megan Oltman, Esq.
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