The alimony reform debate reaches New Jersey

March 08, 2014

A slow, steady ripple of change is impacting alimony laws across the country and the debate has reached New Jersey. Also called spousal maintenance or spousal support, the payment of support by one ex-spouse to the other after divorce or separation has been a traditional part of family law.

Modern trends

Certain aspects of traditional alimony are being challenged because of changing times: the economics of job loss and underemployment; the rise in female employment and earnings; the increase in cohabitation by intimate partners; and a growing expectation that after divorce, an ex-spouse should become self-supporting.

The main issues

The main reforms are the elimination of permanent, lifelong alimony; the establishment of alimony guidelines; and the recognition that it is not fair for an ex-spouse to continue to pay when the receiving ex-spouse is supported by a new cohabitating partner.

The most far-reaching reforms in alimony laws have been in Massachusetts.

The New Jersey outlook

The alimony debate in the Garden State has two main camps. On the one hand are many family lawyers who believe judicial discretion, not guidelines, should determine alimony awards based on unique family circumstances.

On the other hand are reform groups that agree with the national reformers, pointing to examples in which paying spouses have become destitute because of inflexible alimony orders.

Several proposed alimony bills are before the New Jersey legislature, with each camp promoting one.

A bill like Massachusetts reform

One bill very similar to the massive Massachusetts overhaul is being promoted by some New Jersey reform groups with the same agenda as the national reformers.

This proposal would tie the length of an alimony award of limited duration closely to the length of the marriage. In a marriage of more than 20 years, the award could be "indefinite," but would terminate when the payor spouse reaches Social Security retirement age, unless the recipient could show the court "clear and convincing evidence" of a "material change in circumstances" that constitutes "good cause" for extending the award.

Many of the provisions in this bill relating to guidelines allow a judge to enter an alimony order outside of the guidelines if he or she articulates a legal basis for doing so in writing.

The middle ground

The second main bill wades more cautiously into the call for change in alimony and is supported by the New Jersey Bar Association. It changes "permanent alimony" to "alimony of indefinite term," sets up standards for when alimony can be modified or terminated by retirement of the payor, and outlines considerations for modification when the recipient cohabitates.

The blue ribbon study commission proposal

In the New Jersey Assembly, a joint resolution to create a special 11-member, year-long commission to study alimony in the state with an eye toward possible reform has been approved by that body's judiciary committee. If the resolution were enacted, the commission would study New Jersey alimony data and trends; compare other states' alimony laws and data; and report its findings and recommendations to the governor and legislature, including proposed legislation if the group feels it would be appropriate.

Some who support the commission proposal feel it would be prudent to take time to carefully review the situation before making changes to New Jersey's alimony laws.

While the lawmakers sort out where alimony is headed in New Jersey, people will still need to resolve the issue, case by case. Those facing divorce or dissolution of a civil union should speak with an experienced New Jersey alimony attorney who can provide counsel and legal representation.

Article provided by Law Offices of Gary J. Natale, P.C.
Visit us at www.natalelaw.com