In a New Jersey divorce, financial matters often a big issue.  They may involve division and distribution of jointly acquired marital assets and debts, and often concern alimony support for one of the parties.

While neither topic is “easy”, alimony can be a gripping discussion, especially if the marriage was contentious, the supporting spouse feels the requesting spouse is “undeserving” for reasons of marital fault, or one or both parties have alleged willful unemployment or underemployment.

Alimony payments are not automatically awarded and must be asserted as part of the divorce process. The dependent party usually makes an interim request for alimony and then a final request for alimony post-divorce. The parties, their counsel, and a Judge will look at a number of statutory factors to determine the length and duration of this obligation. The idea is that, following separation and divorce, the payor’s payments will place both parties in financial positions that are reasonably comparable to the marital lifestyle as well as to each other’s. The goal is equity and fairness to both spouses.

Residents of New Jersey may be aware that the rules regarding alimony in the state recently changed. Governor Christie signed the new legislation into law last month. The changes were the result of several organizations–including law associations and men’s and women’s groups–working together. Among other things, the new law:

• Makes it easier to modify or end payments in situations where an ex-spouse retires or loses a job.
• For couples who are married less than 20 years, limits the permissible duration of payments.
• Ends the concept of “permanent alimony”.

The new law also makes it easier for a paying spouse to seek an end to alimony payments should his or her ex-spouse move in with a significant other. In the past, alimony would continue unabated until the payor former spouse filed a motion and proved at a full hearing the extent of the cohabitation, which was not an easy task.  The new law appears to make the proof process less daunting for the challenger.

Those in favor of the changes believe that the previous laws were out of date and reflected the way things used to be when women did not work and had to depend upon their husbands financially. To make sure the new law is working as intended, the New Jersey Legislature will review it in 12 months.

Despite the changes, the court system and the lawyers will almost certainly use a similar approach to calculating alimony:  determine the parties’ marital lifestyle, look at comparability of probable lifestyles post-divorce, seek financial experts’ advice, and develop a fair and flexible financial plan for both parties going forward.

One thing is certain: both parties are expected and required to work to reasonable capacity until age 65 to 67, unless prevented from doing so by provable physical or mental disabilities.  A party who fails to do so will be required to pay what s/he would have paid, or will not receive as much as s/he would have received, had that person worked to reasonable capacity.

If your friends, loved ones, or you are confronting the difficulties of a separation or divorce, they or you will benefit from a consultation with a New Jersey Supreme Court Certified Family Law Specialist.  Please call upon our law firm.  We are here to help.

Source: The Wall Street Journal, “New Alimony Rules in New Jersey,” Sophia Hollander, Sept. 10, 2014