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Monday, September 12, 2016

LISA LOMBARDI VS. ANTHONY A. LOMBARDI A-3624-13T1


LISA LOMBARDI VS. ANTHONY A. LOMBARDI
          A-3624-13T1
This appeal required us to address the calculation of alimony where the parties relied on only a fraction of their household income to pay their monthly expenses and regularly saved the balance during the course of their marriage. It is well-established that the accumulation of reasonable savings should be included in alimony to protect the supported spouse against the loss of alimony. See Jacobitti v. Jacobitti, 135 N.J. 571, 582 (1994); Martindell v. Martindell, 21 N.J. 341, 354 (1956); Davis v. Davis, 184 N.J. Super. 430, 437 (App. Div. 1982). In this case, we considered whether the parties' history of regular savings as part of their marital lifestyle requires the inclusion of savings as a component of alimony even when the need to protect the supported spouse does not exist.
The Family Part found that the monthly savings were part of the marital lifestyle, but excluded the amount from its calculation of alimony because savings were not necessary to ensure future payment of alimony. We disagreed with the court's decision and held that regular savings must be considered in a determination of alimony, even when there is no need to create savings to protect the future payment of alimony.