New Jersey's New Alimony Law

In September, New Jersey Governor Chris Christie signed an alimony reform package and a dissolution of marriage process into law, affecting family law in the state.

The new alimony law is meant to guide judges and lawyers in deciding how to award alimony in a divorce case, and effectively ends the practice of lifetime alimony in the state.

Judges are not required to issue a written ruling detailing why or why not alimony was awarded, based on factors presented in court. Judges will consider the age of the parties when they married and separated, the ability to maintain a standard of living, separate homes, any health issues, and whether one spouse was dependent on the other.

Courts Powers Increased

The court also has greater power to modify or end alimony agreements if the person that is paying the alimony falls under financial distress.

Alimony can be altered or terminated when the payer:

• Reaches full retirement age
• Becomes unemployed
• Experiences a change in financial circumstances

Alimony can also be modified or ended if the person receiving the payment enters into a cohabitation agreement with another person. The new alimony laws would only affect divorce settlements that have already been decided by the courts.

The Family Collaborative Law Act

New Jersey now becomes one of nine states that allows a couple to dissolve a marriage without the need of a court. A couple will compile relevant financial information and work out the details of their separation using their personal attorneys. All information disclosed to lawyers and other professionals will remain completely confidential.

Collaboration must end if:

• One party requests court proceedings without consulting the other;
• A restraining order is filed under the Prevention of Domestic Violence Act,
• A collaborative lawyer withdraws from the case; or
• One party fails to provide appropriate information.

This new law will allow couples to divorce in their best interests, rather than relying on the court to determine what is the most appropriate way to separate property and child custody.

Many states are expected to begin updating their laws on alimony and collaborative divorce in order to reflect the changing nature of marriage and divorce.