New Jersey family law attorney, Brad Micklin, explains how spousal maintenance works.
More In This Category
I think the main issues surrounding spousal maintenance today involve the recent alimony reform to the statute, which was I think a little over a year ago now. They attempted to change the statute to meet what was in practice at the time, meaning the statute would say certain things, but judges and attorneys were doing something else. So they attempted to change the statute to mirror one another, and I really think it misses the point. I think the real issue then and now is people aren’t following the alimony statute. Instead of looking at the fourteen actual criteria, they’re looking at the difference between incomes, they’re looking at the length of the marriage, and then just uniformly deciding that support is necessary, that really going through the intended analysis.