Employability Experts: Closing the Gap in Alimony Cases
By: Douglas J. Steinhardt, Esq.

Divorce, in and of itself, can be emotionally and economically devastating. Since I can hardly imagine any of us ever gets married intending to get divorced, dissolving a marriage can wreak long-term havoc on a person's income and earning potential, without an iron-clad prenuptial agreement that addresses everything from equitable distribution to on-going support. This essay looks at the potential benefits of vocational experts in an alimony contex, and how to neutralize the income gap in contested support cases.

Under New Jersey law, alimony is an amount paid by one spouse to another on account of the marital relationship, and is intended to support and maintain the dependent spouse. Davis v. Davis, 184 N.J. Super. 430 (App. Div. 1982). Although the 10-factor test used to determine alimony is codified at N.J.S.A. 2a:34-23, it has at its origin the "fit, just and reasonable" test described by the Appellate Division in Greenburg v. Greenburg, 126 N.J. 96 (App. Div. 1973). Nonetheless, whether support is warranted and the amount is left to the court's sound discretion. McDermott v. McDermott, 120 N.J. Super. 42 (Ch. Div. 1972). As such, the process for determining a specified amount of support is incapable of absolute precision. Gordon v. Gordon, 147 N.J. Super. 585 (App. Div. 1977). Thus, while there is no specific rule of measure or percentage applied to support calculations, Connor v. Connor, 254 N.J. Super. 591 (App. Div. 1992), the seasoned family law lawyer looks for every financial avenue to advance his or her client's position. In most cases, that means little more than a well-drafted, well-crafted and well-argued Case Information Statement (a relationship's court-proscribed, financial snapshot). However, where the litigants can afford the expense associated with expert testimony, several thousand dollars in up-front expert fees can go a long way toward maximizing the effect or minimizing the impact of certain alimony awards.

Under N.J.S.A. 2A:34-23, there are 10 alimony factors, six of which deal with a spouse's employability, vocational skills and income earning potential: (1) the actual need and ability of the parties to pay; (4) the standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living; (5) the earning capacities, educational levels, vocational skills, and employability of the parties; (6) the length of absence from the job market and custodial responsibilities for children of the party seeking maintenance; (7) the time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income; and (10) any other factors which the court may deem relevant.

Edmond Provder is a certified rehabilitation counselor, diplomat of the American Board of Vocational Experts and owner of Lodi, N.J.-based Occupational Assessment Services, Inc. Together with Cary Chelfetz, he is the author of "Alimony/Maintenance - Proving Earning Capacity Using Vocational Experts."

Recognizing that a seasoned matrimonial attorney can employ a vocational expert in several ways to prove employability and income earning potential, the authors identify the four most common modes: 1) the unemployed homemaker; 2) the underemployed spouse; 3) the disabled spouse, and 4) the disrupted career spouse. In each instance, the vocational expert will investigate and evaluate the subject spouse's employability and, most importantly, employment opportunities and salary levels. Given alimony's intent to perpetuate the standard of living established during the marriage, not only are the actual financial resources available to meet that standard relevant, but so are the potential resources. NJ law allows a court to impute income to an un- or underemployed spouse.

For example, an unemployed homemaker with no income will argue total reliance on the breadwinning spouse for support. Assume, for argument's sake, that a Court concludes that that reliance is worth $2,000.00 per month ($24,000.00) per year in permanent alimony. But what is the effect of testimony that proves the same unemployed homemaker is capable of earning $40,000.00 per year, full time, in an available job market? That is where the vocational expert comes in.

In a given case where the parties can afford to employ an expert whose research, writing and testimony can be used to close or widen the gap between actual and potential financial resources, the seasoned divorce attorney positions him or herself to tackle the effect of any actual income disparity. Although historically used most prevalently by the personal injury and disability attorney, the maturation of matrimonial practice and the need to address today's more common marital economic diversity dictates a closer look at the pros and cons of the vocational expert in the support context.

The purpose of this alert is to inform our clients and friends of recent developments in the law. It is not intended nor should it be used as a substitute for specific legal advice or opinions, as legal counsel may only be given in response to inquiries regarding particular factual situations.

Joe Bock Receives Caldwell College's Most Prestigious Award
A lifetime of volunteer service was celebrated as Joe Bock, the senior member of the firm's labor and employment group, and his wife Barbara received the President's Award for decades of dedication to Caldwell College.

"We were delighted to present Joseph and Barbara Bock with the college's most prestigious honor," said Sister Patrice Werner, O.P., Ph.D., President of Caldwell College. "They have been benefactors for decades, attending countless ceremonies and fundraising events. They have led by example with their gifts of time and talent, and have set a standard for other members of the college community. I am pleased and proud to call them my friends."

Caldwell College honored the Bocks for their leadership participation in college events and ceremonies, thus setting the standard for newer members of the college community. Joe has served on the college's board of trustees for more than 10 years, and the couple has been instrumental in fundraising, board development and overall advocacy for the Catholic tradition of higher education established and practiced by the Order of the Sisters of St. Dominic.

Joe has served as Of Counsel with Florio Perrucci Steinhardt & Fader since his retirement as senior vice president at American Home Products Corporation, now known as Wyeth, where he was responsible for world-wide labor relations, compensation, personnel, affirmative action and security. Barbara had a long career serving as an administrative professional in the public and private sectors.

Brian Tipton Admitted to Additional Jurisdictions
Congratulations to Brian Tipton, a partner and chair of the firm's litigation defense and real estate and land use practices, as he is admitted to practice law in two additional jurisdictions. He was sworn in to the United States District Court in the Middle District of Pennsylvania on June 6 and will be admitted to practice in New York State effective June 26. Brian is also licensed to practice in New Jersey, Pennsylvania, and the U.S. District Court in New Jersey and the Eastern District of Pennsylvania.

Steven Srenaski: Habitat of Humanity Board Member
Steven Srenaski was recently elected to the board of directors of the Warren County chapter of Habitat for Humanity. In that capacity, Steve is helping the chapter increase its visibility in the community through publicity and fundraising activities. "I believe that the community has a role to help provide affordable housing to those who need it most. Housing is the foundation for building productive lives. I am pleased to be part of such a dynamic organization in my backyard and across the country," he said. The Warren County chapter is part of the national Habitat for Humanity, which seeks to eliminate poverty housing and homelessness from the world, and to make decent shelter a matter of conscience and action.

Golf Tourney to Benefit Affordable Housing
The Architects Golf Club in Phillipsburg, heralded as one of the Top 10 New Public Golf Courses in America, will be the site of the first annual John A. Perrucci Sr. Memorial Golf Outing on Monday, June 25, honoring Mike Perrucci's late father who was a leader in the construction industry in New Jersey and Pennsylvania.

With the theme of Building Better Lives through Affordable Housing, proceeds from the tournament will benefit two organizations that deliver services to promote affordable housing - Northwest New Jersey Community Action Program serving six New Jersey counties and Community Action Committee of the Lehigh Valley serving Northampton and Lehigh counties in Pennsylvania.

The day begins with a swing clinic at 10:30 where participants will get advice from the pros at Architects to perfect their drives. Lunch will be served at 11:30, and the shotgun play begins at 12:30. The closing reception begins at 5:00.

The all-inclusive price for golfers is $200 per person. For further information on the event and to learn of sponsorship opportunities, please contact Bette Kovach, firm marketing, at 908-454-8300 or bkovach@florioperrucci.com.

Mr. Steinhardt is a named partner of Florio Perrucci Steinhardt & Fader, having joined the firm in August 2005. Doug has extensive experience in all aspects of family law and in land use, labor and employment, personal injury and municipal law at the local, county and state levels, including regulatory agencies.

Doug brings a strong record of favorable settlements in family and matrimonial law to the firm. His family law experience includes representing clients in divorces, child custody, alimony, child support, domestic violence, protection from abuse orders, paternity and adoption.

A native of Warren County, N.J., Doug received an undergraduate degree from Gettysburg College and a Juris Doctorate from Widener University School of Law. While at Gettysburg College, he was a four-year member of that NCAA Division III school's football team. At Widener Law School, Doug was associate editor of the Law Review.

Doug began his legal career as a law clerk in the Superior Court of New Jersey. He then joined his father, Joseph W. Steinhardt, in the practice of law in Belvidere, N.J. He has a deep background in municipal matters and, as a public servant, is the Mayor of the Lopatcong Township, N.J., and chairman of the Warren County Republican Committee. Doug is also treasurer of the New Jersey State Republican Chairmen's Association.

He has represented such diverse clients as Warren County Community College, special counsel to Allamuchy Township, Warren County Welfare Board, Warren County sheriff's office and Morris County. For four years, Doug served as Warren County Adjuster.

Doug is admitted to practice law in New Jersey and Pennsylvania.

Woodbury Office Now Open
The firm's newest location - Woodbury, N.J., to serve the firm's growing client base in southern New Jersey and Philadelphia - opened on May 16 at 108 Euclid Street.

Housed in a beautifully restored 1890s Victorian, the office was selected for its close proximity to the Gloucester County Courthouse. In fact, you can't get any closer with 108 Euclid located perpendicular to the courthouse's main entrance. Parking for up to 16 cars is available in a lot behind the building. An open house is planned for September.

About Our People

Tim Higgins, Ted Brennan First Attorneys in Woodbury
Tim Higgins, a well-known municipal attorney, and Ted Brennan are working hard to service their clients from the Woodbury office.


Tim has extensive experience in municipal, land use, real estate, litigation defense, environmental and personal injury law. Most recently a solo practitioner offering legal services as the Law Offices of Timothy J. Higgins, he will continue his work as a Municipal Solicitor. He currently serves as Solicitor for the Boroughs of Barrington, Brooklawn, Merchantville and Oaklyn, and the Township of Haddon. Additionally, Mr. Higgins currently serves as the Prosecutor for the Borough of Gibbsboro and the Township of Pennsauken, including its Building Department.

Tim received a bachelor of arts degree from St. Joseph's College and a Juris Doctorate from the University of Pittsburgh. He is admitted to practice law in the Supreme Court of New Jersey, the Supreme Court of Pennsylvania, the U.S. District Court for the District of New Jersey, the United States Court of Appeals for the Third Circuit and the Supreme Court of the United States.


Ted Brennan is an associate working in the practice areas of municipal, real estate and land use, and general matters. He received a bachelor of arts degree in communications from the University of North Carolina at Charlotte and a Juris Doctorate from Rutgers University School of Law at Camden. While in law school, he worked as an intern with the New Jersey Department of Community Affairs' Division of Smart Growth.

Following graduation from law school, Ted was a law clerk in the Camden County Superior Court with the Honorable Louis R. Meloni. He then served as an associate with the law firm of Lario & Saldutti in Haddonfield before joining the firm. Ted is admitted to practice law in New Jersey.