Family Law & Mediation • Protecting Clients With Disabilities
We bring together many areas of the law and provide a wide range of services. Acting as advisors, planners, or litigators, we meet your needs and generate the necessary results with professional skill, empathy, and dedication.
Family Law News & Insights
NJ Spousal Elective Share, Divorce & Medicaid
Special Planning for Second Marriages
W.T. V. DMAHS, 391 N.J. Super. 25, 916 A.2d 1066 (App. Div. 2007): Unequal equitable distribution in divorce is not necessarily a disqualifying transfer of assets if consistent with matrimonial law.
J.P. V. DMAHS, 392 N.J. Super. 295, 920 A.2d 707 (App. Div. 2007): Alimony can be paid to a Special Needs Trust to protect Medicaid benefits.
In representing clients in matrimonial matters, we provide vigorous advocacy along with emotional support and sensitivity. We strive to accomplish your goals as directly and efficiently as possible.
Our matrimonial legal services include:
- Separation and Divorce
- Medicaid Eligibility in connection with divorce
- Estate Planning and trusts for the divorced client
- Pre-nuptial Agreements
- Co-habitation Agreements
- Special Needs Trusts for clients with disabilities
- Civil Union Couples
- Second Marriages
We are also available for other family law matters.
Protecting Clients with Disabilities
Clients with disabilities require special strategies to protect their benefits. If clients are receiving Medicaid or Supplemental Security Income (SSI) or participate in programs of the NJ Division of Developmental Disabilities (DDD), the resolution of a divorce requires careful attention to the requirements for eligibility for those programs. We have substantial experience in creating Special Needs Trusts to protect alimony and assets received in equitable distribution. We also are available to assist disabled divorcing clients with Veterans Compensation appeals.
Mediation can be used to resolve any dispute but most commonly is used in family/divorce matters and civil/commercial matters. According to the NJAPM, mediation is "the process in which a trained neutral person, called a mediator, facilitates the resolution of a dispute between two or more parties. Mediation is non-adversarial with the objective of helping the parties reach a mutually acceptable agreement."
There are many advantages to using mediation in place of legal proceedings where the parties become adversaries. Gene Rosner is an Accredited Mediator by the New Jersey Association of Professional Mediators (NJAPM.org) and the Supreme Court of New Jersey.
Special Needs Trust