New Jersey Divorce Lawyers Blog
Alimony reform has brought sweeping changes to the way New Jersey judges evaluate alimony arrangements. This legislation creates guidelines to encourage predictability and fairness in divorce and separation proceedings. Although courts must adhere to these general guidelines, judges still retain a great deal of discretion in deciding cases. Therefore, you should talk to a New Jersey divorce attorney who can advocate strongly on your behalf.
New Jersey alimony reform creates mandatory criteria that judges must use when evaluating the amount and duration of alimony payments. The reform law also eliminates “permanent alimony” and calculates the duration of alimony payments based upon the length of the marriage. Finally, the law clarifies three circumstances that permit alimony to be reduced, suspended, or terminated.
Prior to alimony reform, judges used their own criteria to evaluate alimony cases. This made it difficult to predict financial outcomes, so the legislature created 13 mandatory criteria designed to promote greater uniformity among judges. These criteria include a number of factors, including the parties’ financial needs, earning power, assets, and past standard of living, the age and health of both parties, the dependent party’s need for education and training, and one party’s past sacrifice for the career advancement of the other. Judges are given broad discretion when it comes to administering these criteria, and judges are also free to consider “any other factors” that are deemed relevant. Continue reading