Readers of this blog may be aware that earlier this fall, NJ Governor Chris Christie signed an alimony reform bill into law. Though on its face the law may seem straightforward, issues of its application are apparent in a family law case pending before the New Jersey Supreme Court. Oral argument took place a few weeks ago. The Court could take a year or more to issue a written opinion.

The facts of the case were developed before the new statute became law, but the case is significant anyway, because the Supreme Court has to grapple with the “old” law and “new” law to craft a fair answer to the parties’ problems.

Among other things, the new law focuses on the length of the marriage. Those who divorce following a marriage less than 20 years will not receive permanent alimony.

Under the new statute, marriages of less than 20 years cannot exceed an alimony length beyond the number of years of the marriage.

In the case before the Supreme Court, one of the parties filed for divorce in 2009, after 15 years of marriage. During the marriage, the wife, who had not only a bachelor’s degree in electrical engineering, but a master’s in computer science, gave up a lucrative career to care for the couple’s three children. During that same time, the husband’s career flourished and the year after the couple began divorce proceedings, he earned $2.1 million.

In the course of the divorce the woman was awarded $216,000 a year in alimony, for a total of 11 years of alimony. On appeal, the Appellate Division reversed the trial court’s findings, on the basis that, pre-alimony reform, there was no rule that a marriage must last 20 years before permanent alimony can be awarded. Both sides appealed the case to the Supreme Court.

Counsel for the woman argued that without permanent alimony, at the end of the 11 years, former wife will not be able to sustain the marital lifestyle. The lawyer who represents the husband claimed that wife has not attempted to find a job, despite being in good health and highly educated.

There is little question regarding the application of the new law since it was meant to be applied prospectively only. However, the case’s outcome will likely have an impact on other alimony decisions, because the Supreme Court will fill in some of the blanks left by the statute. Divorce lawyers and our clients throughout New Jersey will keep a close eye on this influential case.

Source: New Jersey Law Journal, “Justices Wrestle With Application of New Alimony Laws,” Michael Booth, Nov. 12, 2014