In a divorce action, the filing of the Complaint is considered the “end of the marriage” for equitable distribution purposes. However, in a recent Superior Court decision, the Court ruled that the substantial increase in income by the husband (paying spouse) was relevant to determine the alimony figure to be awarded to the wife (receiving spouse).

Dudas v. Dudas, decided on April 11, 2011 and approved for publication November 1, 2011, involved a couple who was married for over twenty-six (26) years. During the course of the marriage, the husband was the primary financial provider for the family, while the wife was the primary caretaker of the parties’ two sons and the household. Throughout the marriage, the wife sporadically worked outside the home on a part-time basis, never earning more than $18,000.00 a year, as the court noted.  The husband, employed in the auto-parts industry as a sales man, gradually increased his income to $59,000.00 a year by the time the Complaint for Divorce was filed, while jumping post the filing of the Complaint to $64,000 in 2009 and $76,000 in 2010.

I often tell my clients that coming to see me for the first time is one of the most difficult steps in the divorce process. Most people feel themselves forced to seek legal advice regarding their marriage either by the filing and being served with a complaint for divorce by their spouse or by their marital relationship deteriorating to the point that it becomes unsustainable.