In a landmark move, a bi-partisan measure has been approved in the State Assembly that will finally put an end to laws considered by many as unfair and outdated.
New Jersey’s legislators have unveiled legislation to eliminate the draconian permanent alimony and establish guidelines to determine the amount and duration of alimony in the state.
The current law allows the court to award any of four types of alimony – permanent, limited duration, rehabilitative and reimbursement -- without specific laws concerning its duration or amount. Alimony in New Jersey was designed to address different considerations when a marriage is dissolved.
The bill is looking to bring fairness by eliminating permanent alimony while establishing the basic guidelines. These guidelines will be used to determine length and amount of the spousal support to be awarded. The guideline is based off the length of the marriage or civil union.
The guideline starts alimony at a maximum of 50 percent of the total months together with an increase of 10 percent every five years for the number of months together. For couples that lasted longer than 20 months, the court will have the discretion to award alimony for an indefinite length of time.
The bill would also set the amount afforded to a limited duration alimony award. The amount should generally not exceed the recipient’s need or 30 to 35 percent of the difference between both parties’ gross incomes. The courts are allowed not to use this if it determined that a deviation is necessary. The court is also allowed attribute income to a party it found to have voluntarily underemployed or unemployed itself.
The new law is seen as a major step forward to what many have complained about as unfair alimony provision of the state that hurts mostly men in a divorce. It will be implemented later in the year.
The current law allows the court to award any of four types of alimony – permanent, limited duration, rehabilitative and reimbursement -- without specific laws concerning its duration or amount. Alimony in New Jersey was designed to address different considerations when a marriage is dissolved.
The bill is looking to bring fairness by eliminating permanent alimony while establishing the basic guidelines. These guidelines will be used to determine length and amount of the spousal support to be awarded. The guideline is based off the length of the marriage or civil union.
The guideline starts alimony at a maximum of 50 percent of the total months together with an increase of 10 percent every five years for the number of months together. For couples that lasted longer than 20 months, the court will have the discretion to award alimony for an indefinite length of time.
The bill would also set the amount afforded to a limited duration alimony award. The amount should generally not exceed the recipient’s need or 30 to 35 percent of the difference between both parties’ gross incomes. The courts are allowed not to use this if it determined that a deviation is necessary. The court is also allowed attribute income to a party it found to have voluntarily underemployed or unemployed itself.
The new law is seen as a major step forward to what many have complained about as unfair alimony provision of the state that hurts mostly men in a divorce. It will be implemented later in the year.
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
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