News & Events

 

  • January, 2019 – We are pleased to announce that John Finnerty, Esq. tried to successful conclusion a divorce case in Somerset County, in October and November, dealing with multiple financial issues, but which focused primarily on the issue of ‘how to define savings as a component of alimony.’  The savings component which Mr. Finnerty advocated for inclusion in an alimony award defined savings as ‘the capital invested in what was left at the end of a relationship, minus the appreciation on that invested capital, plus extraordinary debt retirement, minus outstanding liabilities, divided by the length of the marriage.’  Mr. Finnerty successfully argued that savings should not be defined by “the standard approach” of simply averaging the gross incomes earned during the highest or last three years of the marriage and dividing between the parties as part of a future alimony award, what was left after paying taxes and lifestyle expenses.    In mathematical representation, the savings approach advocated is expressed in the following formula:

    A = Capital invested in remainder

    B = Appreciation on cap invested

    C = Extraordinary debt retirement

    D = Outstanding liabilities

    E = Length of marriage.

    (A-B) + (C) – (D) = X

    X/E = savings component as a component of future alimony

    Mr. Finnerty argued that averaging the last three highest years was akin to continuing the marital partnership, and that such a limited review period could not reasonably reflect the regular savings policy adhered to by the parties during the course of the marriage.  Realistically, savings is what is left at the end of the marriage.   However, savings should not include the impact of the market on that capital because market change does not reflect a voluntary decision to put money aside.  Similarly an employer’s contributions to retirement or profit sharing plans does not reflect a couple’s decision to save.

    Please continue to check our website for a seminar that the members of the firm will be giving about alimony and savings.  Savings is perhaps the hottest alimony issue currently being tried and litigated on a case by case basis in the State in view of the uncertainly generated by the decision in Lombardi v. Lombardi, 447 N.J. Super. 26, 41 (App. Div. 2016)

  • December, 2018 John Finnerty has been invited to speak at the 2019 Family Law Symposium sponsored by New Jersey Institute for Continuing Legal Education on Saturday, January 26, 2019, at the Hyatt Regency in New Brunswick.  He is participating in a panel discussion regarding the criteria of the new alimony statute in assessing and evaluating cohabitation and providing practice tips on how such an application should be brought.  Mr. Finnerty is the author of Cohabitation Playbook: Anatomy of a Cohabitation Case, which has received enthusiastic reviews regarding its analysis of cohabitation applications to the Court.  It is a featured article here in Our Library.

 

  • September, 2018 John Finnerty has successfully argued in a trial court case that cohabitation acknowledged by a former wife should result in termination of alimony, even though the parties’ 1991 property settlement agreement was silent as to what impact cohabitation would have on receipt of alimony.  Although the wife acknowledged cohabitation in her responding papers, including joint property ownership, and common addresses for registration and licensure of cars, she asserted that the Agreement’s silence about the impact of cohabitation on alimony provided justifiable basis for her to reasonably believe alimony would continue.  Mr. Finnerty made clear that although the agreement was 27 years old, it did not restrict review of cohabitation to the law that existed at the time the agreement was signed.  He successfully argued that the law that should be applied was the law that existed when the application was brought before the Court, which was the current law that has been in effect since September 10, 2014.  Mr. Finnerty’s application was filed in July, 2018, unlike in Spangenberg v. Kolakowski, 442 NJ Super 529 (App. Div. 2015), the issue of the wife’s cohabitation had never previously been addressed on a post judgment application, even though the wife’s involvement had been open and notorious for decades.

 

  • August, 2018 Finnerty, Canda & Concannon, P.C. is proud to announce that John Finnerty, Esq. has been recognized by Best Lawyers© in America for inclusion in their 2019 Best Lawyers in America. Mr. Finnerty has been previously named as the 2017 Family Law “Lawyer of the Year” in Hackensack and 2013 Family Law “Lawyer of the Year” in Newark.
No aspect of the above information has been approved by the Supreme Court of New Jersey, but the methodology used in connection with the accolade referenced is available for inspection here – www.bestlawyers.com/About/MethodologyBasic.aspx

 

  • July, 2018 John Finnerty has been invited to speak at the 2018 Family Law Summer Institute sponsored by New Jersey Institute for Continuing Legal Education of Wednesday, July 25, 2018, at the Bar Center in New Brunswick.  He will be leading a free wielding discussion about various topics pertaining to Alimony.

 

  • April, 2018 Finnerty, Canda & Concannon, P.C. is proud to announce that four of our Firm’s attorneys, Amanda M. Ribustello, Esq. has been named as Bergen County Top Lawyers for 2018 by Bergen Magazine.

 

  • April, 2018 Finnerty, Canda & Concannon, P.C. is proud to announce that two of our Firm’s attorneys, John E. Finnerty, Esq. and Amanda M. Ribustello, Esq. have been named as “New Jersey’s Best Lawyers for Families for 2018” by New Jersey Family. Please join us in congratulating our attorneys on this achievement!

 

  • November 27, 2017 On behalf of the Matrimonial Lawyers’ Alliance, a long standing family law association that regularly appears as Amicus on cutting edge family law issues, John E. Finnerty has chaired a Sub-Committee that studied A-3479/A-5189, bills pending in the New Jersey Legislature that would impose joint legal and physical custody presumptively on all parents getting divorced, requiring children to reside in “equal or approximate amounts of time…..” with each parent. Finnerty authored the Alliance’s position, which opposes the proposed bills, since it is intuitive that not all families should be governed by the same cookie cutter approach to parenting plans following divorce.  Families are varied and unique and one size does not fit all.  Mr. Finnerty’s analysis of this bill submitted to the legislators, on behalf of the Alliance is fully set forth here: Misplaced presumption of S-3479 and A-5189.

 

  • Amanda M. Ribustello, Esq. is presently assisting in organizing a Bergen County Bar Association Continuing Legal Education Seminar, “The New Child Support Statute, What Does It All Mean?” with a special emphasis on the impact of the new statute on children with disabilities. In addition to assisting with organizing the panel. Ms. Ribustello will be participating in the program as a panelist alongside the Honorable Jane Gallina Mecca, J.S.C., Steven Hertler, PsyD, Principal Probation Officer Ericka Paradiso, and attorneys Laura Nunnink, Kory Ann Ferro, and Gale Weinberg. The panel will take place at the office of the Bergen County Bar Association on December 19, 2017 from 12 noon to 2 p.m.

 

  • Finnerty, Canda & Concannon, P.C. is proud to announce that four of our Firm’s attorneys, John E. Finnerty, Esq., Marilyn J. Canda, Esq., Amanda M. Ribustello, Esq., and Laura V. Ortizio, Esq. have been named as Bergen County Top Lawyers for 2017 by Bergen Magazine. Please join us in congratulating our attorneys on this achievement!

 

  • Finnerty, Canda & Concannon, P.C. is proud to announce that John Finnerty, Esq. has been recognized by Best Lawyers© in America for inclusion in their 2018 Best Lawyers in America. Mr. Finnerty has been previously named as the 2017 Family Law “Lawyer of the Year” in Hackensack and 2013 Family Law “Lawyer of the Year” in Newark.
    No aspect of the above information has been approved by the Supreme Court of New Jersey, but the methodology used in connection with the accolade referenced is available for inspection here – www.bestlawyers.com/About/MethodologyBasic.aspx

 

  • John Finnerty will be speaking in a Real Estate Development seminar sponsored by Friedberg Properties & Associates on Tuesday, March 28, 2017, at 10:00 a.m. in connection with a round table discussion for brokers involving divorce related real estate issues.