Covid-19: Your Divorce and Financial Obligations

Our clients are concerned about the long term effects of the Covid-19 pandemic and how that may affect their divorce proceedings and current financial obligations in post judgment situations.  For example, did a spouse lose their job as a result of Covid-19 while their divorce proceedings were pending? What happens for the spouse that had to close their family restaurant as a result of the governor’s Executive Orders? What does this do the value of the business for purposes of equitable distribution?  Clients are concerned that they will not be able to afford their child support and alimony payments based upon the dramatically changed financial climate of the country, let alone the world.  These are all very real and serious concerns facing the courts and given the novelty of Covid-19 and the economic & health concerns surrounding same.

Relief from financial obligations in the Family Court is found when permanent changes in circumstance are evident.  Temporary changes would ordinarily not afford an obligor with relief from a child support or alimony obligation. However, the family court is a court of equity which means that the applications of the law is very fact sensitive and requires the law be applied in a fair and equitable manner.  Courts will need to consider facts such as how long the income of one party is expected to remain reduced?  How long will the recovery of a restaurant’s business take once the businesses are permitted to reopen? What effect will the social distancing requirements have on capacity and ability to serve less than a “normal” number of customers?  It is very possible that some areas of industry will be eliminated as a result of this pandemic or will be dramatically changed as a result. The court cannot simply ignore these facts and it will be a challenge to resolve these issues in the coming months and even, possibly, years.

Shane and White, LLC is here to help you and get through the maze of issues that Covid-19 has caused.  Please contact us at 732-819-9100 to discuss your options.

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Contact Us For Help

Your Family,
Your Future


The information you obtain at this site is not, nor is it intended to be, legal advice. This website is designed to provide general information only, and does not represent the opinions of Shane and White, LLC attorneys. The information is not guaranteed to be correct, complete or up to date with recent legal developments, verdicts or settlements. You should consult an attorney for advice regarding your specific facts/circumstances/case. We invite you to contact us and welcome your calls, letters and emails, but note that contacting us alone does not create an attorney-client relationship. If you would like advice regarding your individual situation, you should contact Shane and White, LLC. to schedule a consultation to obtain legal advice. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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