Skip to content

Spousal MaintenanceAlimony Reform- Are The Times A’Changing?

October 7, 2014

26804-maintenance payment

Nationwide, there has been a movement for alimony reform. States have considered have considered a litany of solutions to fix the arbitrariness of alimony or maintenance as is it is better known in New York. Maintenance can vary in both duration and the amount of the payments.

Last year, the New York legislature considered proposals that would utilize a mathematical formula to calculate post judgment awards of maintenance in much the same way temporary maintenance is calculated. Most New York divorce practitioners would agree that adherence to the formulistic approach to temporary maintenance has led to draconian results. The proposals considered were not enacted into law.

New Jersey, on the other hand, has taken steps in the right direction. Permanent alimony was abolished, except in case of exceptional circumstances. In the case of marriages lasting less than twenty years in duration, alimony cannot exceed the length of the marriage.

In addition, the new law creates a presumption that alimony terminates when payor spouse retires at the age at which is a person is eligible to receive a full social security benfit, currently . The New Jersey law also new law also provides guidelines for reducing alimony due to the recipient’s “cohabitation” and a loss or reduction in the payor’s income. (The revisions to the New Jersey alimony law may be viewed here.)

Only time will tell how the maintenance reforms will take hold in New York.


The information contained in this website has been provided for general informational purposes only and DOES NOT constitute legal advice; there is no warranty on this information and it does not in any way constitute an attorney-client relationship. Prior results do not guarantee a similar outcome. All individuals are encouraged to seek independent counsel for advice regarding their specific situation and facts. 


Further, e-mails or other correspondence with any member of this firm does not create an attorney-client relationship without the explicit written agreement between the parties

Call Now Button