The debate over alimony reform presses on in New Jersey. The New Jersey Bar Association has lent its support to legislation that would create a commission to examine our state’s alimony laws and, after comparing them to those found in other states, would provide suggestions to leaders in government. The commission is not yet formed; while the Assembly has voted to approve the commission’s creation, the Senate must pass the bill before commission members could even open their first statute book.

According to the legislation, the commission would count one former family law judge and two or more experts on family law among its 11 total members. As in other states around the country that have considered or enacted changes to their alimony laws, one of the principal forces behind the reform effort is a group that opposes what it considers to be unfair spousal support awards.

In particular, New Jersey Alimony Reform wants the ability of courts to order permanent alimony to be severely restrained. According to the chairman of the bar association, permanent alimony is common in divorce cases where there is a wide variance in spousal income and a marriage of significant length.

Courts determine the amount of spousal support using principles of fairness. There are stories, however, of paying spouses who have been saddled with financially untenable alimony payments. But it is important to recognize the contrary perspective, which often does not get as much press. For example, one woman claims that her ex-husband manipulated his finances in anticipation of the divorce so that, after earning $500,000 in prior years, he was required to pay $1,100 in monthly spousal support.

Even if lawmakers decide to form the commission, we still do not know what changes, if any, could be made to our state’s alimony laws. Perhaps the changes would touch only on the issue of permanent alimony, or perhaps they would be sweeping and comprehensive. Only time will tell.

Source: The Philadelphia Inquirer, “New Jersey struggles with the knotty issue of alimony reform,” Joelle Farrell, Aug. 19, 2012.

• The amount of alimony can be changed if a former spouse undergoes a substantial change in financial circumstances. If you would like more information on our firm, please visit our Kingston alimony page.