A little more than one year ago in this Princeton Family Law Blog, we discussed rumblings that were being made by advocacy groups and New Jersey lawmakers regarding alimony reform. Under New Jersey law, a person can be ordered to pay his or her ex-spouse alimony for a lifetime, and judges may take great discretion in spousal support cases.

Advocates for reform wanted to abolish lifetime alimony as well as adopt firm guidelines that would be used to determine alimony orders. These efforts have since stalled somewhat in the legislature, but the movement for alimony reform is continuing to gain traction in the state.

The debate has centered around how courts choose to award alimony and for what duration it is awarded. Many people who are against reforming alimony have argued that it is important that courts do not use a strict formula when it comes to spousal support because each case is unique.

Courts consider a number of factors when deciding on alimony terms, including the incomes of both parties, the lifestyle the parties lived while married and their anticipated lifestyles post-divorce. In general, the court attempts to award alimony based on the principle of fairness. Should an alimony order later become unsuitable, it is possible to go back to court to seek to have it modified.

In fact, according to the Asbury Park Press, an increasing number of people are reportedly heading to New Jersey’s family law courts to ask to have their alimony orders modified or terminated. Many have said that this is an indicator of the economy, rather than the need for overall alimony reform however, because spousal support modification requests can be made post-divorce if one or both of the parties’ financial situations has changed significantly–as has become more commonplace during the recession.

The future of the alimony reform movement in New Jersey remains to be seen. So far, 12 states have enacted new alimony guidelines and several more are considering guidelines. Under current law, it is best for New Jersey residents to work with skilled attorneys and mediators to ensure their alimony arrangements are as fair and equitable as possible.

Source: Asbury Park Press, “Alimony troubles: Two sides escalate battle in N.J.,” Dustin Racioppi, Feb. 22, 2013

• Our New Jersey law firm provides legal counsel regarding alimony. To learn more about this, please visit our Mercer County Spousal Support page.