New Jersey's Alimony Laws Under the Microscope

November 03, 2012

New Jersey's Alimony Laws Under the Microscope

New Jersey's alimony laws are getting a lot of attention lately, as two widely disparate groups -- those in favor of dramatically revamping the state's "antiquated" laws governing alimony awards and those who feel that the current system is both fair and impartial -- plead their case to the public and lawmakers alike.

New Jersey's legislature is taking the debate about alimony seriously. The state's General Assembly unanimously passed a bill that would authorize the creation of an impartial committee that would include several family law experts to closely review the state's alimony laws. A similar measure has stalled in the senate, but has garnered the support of Governor Chris Christie, who said in a recent South Amboy town hall meeting that "alimony and divorce law reform is long overdue."

New Jersey's Current Alimony System

Unlike some other states, New Jersey's current alimony system does not rely upon a legislative guideline calculation or suggested support obligation. Instead, family law judges have broad discretion to decide whether alimony is appropriate, to set the amount of an award and to determine the length of time that payments will be required.

Change Is Coming?

According to information provided by New Jersey Alimony Reform, a non-profit organization with the self-described mission of "changing New Jersey's harsh and outdated alimony laws to be fair and reasonable," the state's alimony system has not seen substantial reform since its creation in the 1940s and 1950s. The group feels that continuing to follow archaic laws to make alimony determinations will only result in more and more alimony "horror stories."

The debate over the propriety and fairness of long-term alimony awards is not just happening in New Jersey, though. Measures have been passed in Massachusetts and elsewhere to force legislators and judges alike to reexamine spousal maintenance payments in light of the country's still struggling economy and the presence of significantly more self-sufficient women in the workplace. The Massachusetts legislature went one step beyond simply reviewing their state's alimony laws, creating a mathematical formula similar to the one used to make child support determinations to establish fair spousal support payments.

It remains to be seen whether New Jersey's alimony system will be revamped in the near future, but the fact that the governor himself has shown support for the idea is encouraging for those seeking change. In the meantime, though, family court judges have almost limitless discretion to grant alimony awards, so presenting a strong argument to the court is vital. If you or a loved one is seeking support or is fighting against the possibility of an unfair award, seek the advice of a skilled New Jersey family law attorney who can give you more information about the current laws and explain the options you have to move forward.

Article provided by Michael E. Spinato P.C.
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