Throughout the year, lawmakers in the New Jersey Legislature have been weighing and voting on potential changes to our state’s laws on alimony and child support. Their efforts come at a time when legislators in the Tri-State area have either passed or are considering legislation on the subject.

There are two principal bills in the pipeline at Trenton. The one that is farther along would, if passed, establish a study group to examine New Jersey’s present alimony laws. The group would report back with suggestions that could be addressed by legislators in the future. This bill received the support of the Assembly last month, but still requires the approval of the Senate.

The other bill, which has made less progress, would permit payors of child support and alimony to reduce their financial obligations if they met certain criteria, including suffering a long-term disability or becoming unemployed. Although committees passed the bill in February, members of the Assembly and Senate have yet to put it to a vote.

New Jersey’s approach to potential alimony reform is much more measured than that of New York, which passed a 2010 law that determines alimony awards using an unyielding mathematical calculation. That law was aimed at helping lower-income alimony recipients, but it includes those of substantial means within its circumference as well. The law has been praised for its effect on lower-income New Yorkers, but has been decried for its unpredictability when used in divorce proceedings involving wealthier couples.

While they support alimony in certain situations, proponents of alimony reform want to put an end to lifetime alimony awards, which they consider oppressive. Legislators in Connecticut have considered a bill that would tie the amount of alimony to the length of the marriage and the disparity in spousal income. Judges would have some discretion to deviate from the formula, however.

We will provide updates on the important legislation making its way through the New Jersey Legislature as developments occur.

Source: The Wall Street Journal, “States Focus On Altering Alimony Laws,” Sophia Hollander and Heather Haddon, July 15, 2012.