After practicing divorce law for more than a decade in NJ, I fully understand the unique circumstances, expectations, and factors that make up an alimony determination. It is true that the amount of alimony can vary as can the duration in two cases that may appear similar at the surface. But be assured, alimony is not a superficial analysis. Seasoned attorneys and committed judges evaluate the specific facts of each case and then apply the factors set forth in N.J.S.A 2A:34-23(b). While not perfect, the statute as presently drafted provides adequate guidance when making alimony determinations. each family going through a divorce is unique and proper application of the factors allows for an individualized approach that leads to a resolution that is appropriate for that given family. No one should want to have some of the most important decisions that will impact their lives for years to come made in an assembly line manner.
There is an increasingly vocal call for alimony “reform”. Make no mistake about it: the proposed reforms are nothing but agenda driven politics designed to improve teh outcomes for the financially advantaged spouse (still usually the husband) and work to the detriment of women and children. I refer you to the excellent piece authored by my friend, Patrick Judge, Esq. which succinctly and accurately details the potential impact of the proposed “reforms”. The piece can be found at http://blog.nj.com/njv_guest_blog/2012/10/on_divorce_and_alimony_nj_on_w.html
Guideline or formulas have an appeal: easy of application and uniform results. The skilled lawyers I have debated this issue with are almost uniform if their opposition to the proposed reforms. And I agree with them. Guidelines are, frankly, for the lazy and uniformed. Working without guidelines, formulas or the like I have been able to achieve results that my clients have been happy with whether they were the one paying or receiving alimony.
If better results are desired (and the first inquiry must therefore be who decides what the “best’ result is?) then make sure you retain an experienced and skilled attorney. Support adding more judges to the family court bench. Give the court the time and personnel needed to make these important decisions. Beware of the wolf in sheep’s clothing. Drastic reforms as proposed are not needed.
