NJ Alimony Reform

No one likes to pay alimony, but many people need alimony. How do we reconcile those opposing positions? It becomes more complex with the competing interests of the Judiciary (who want to maintain the power and discretion to award alimony as each case unfolds) and the need to reign in the uncontrollable disparity of alimony awards from judge to judge, county to county, and day to day. Add to the mix the family law bar, who are opposed to formulae that will remove an issue that they can litigate on behalf of their clients, and the anti-alimony groups, who believe ardently that alimony is involuntary lifetime servitude for the alimony payers. Even more confounding is the vast difference of alimony laws between the states.

There is no doubt that alimony in NJ is undergoing change. Where it settles is anyone’s guess. No doubt there will be guidelines that demarcate the discretion of the trial judge’s initial award and modification of alimony. No doubt the competing interests of those who oppose guideline discretion and those in favor of a formula will have appeal after appeal similar to the litigation surrounding the current discretionary guidelines we have today.

Similarly, if a compromise formula is enacted, there will certainly be an opt-out provision “for good cause shown” and the litigation that will follow.

What is the answer? No one will ever be satisfied or accepting of the other’s position. So, we leave it the way it is now, with vague and discretionary guidelines, and continue on with our archaic alimony laws, or we enact a rigid set of guidelines and formulae that leave little discretion to the Judges except in the most extraordinary of circumstances. Anything short of a strict formula for alimony will continue the uncertainty and inequality of alimony awards.

Now, on the social and moral side of this schism is the plight of the dependent spouse. Should we protect that spouse, and if so, how? If we leave the system intact or modify it slightly, the dependent spouse will have the same plight, namely: settle for what you can, or litigate – and keep the uncertainty and inequality that exists today. This will continue the existence of overcrowded courts and keep matrimonial lawyers busy. Going in the direction of a strict formula will give everyone who marries the predictability of alimony in the event of future divorce. Both spouses will know what to expect after a certain number of years of marriage: how much they can expect to receive and for how long a time.

The reform of NJ alimony laws is reminiscent of the child support reform that swept the country and resulted in child support guidelines being required in all states. That model is working fine. Why not extend it to alimony?

About the Author

Mark Gruber Esq. is a Matrimonial Attorney Certified by the State of New Jersey and a Fellow of the American Academy of Matrimonial Lawyers. He can be reached at [email protected] or 973-398-7500.