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Documenting Marital Lifestyle -- In Light of the Crews Alimony Decision
On May 31, 2000, the New Jersey Supreme Court ruled on a request for a change in
rehabilitative alimony in the case of Robert B. Crews vs. Barbara D. Crews
(A-20-99), by stating that the parties must go back and establish the marital
standard of living experienced during the marriage.
In any case in which alimony is appropriate, even where alimony is waived, the
mediator should include in the MOU facts, which establish the statutory factors
for alimony according to N.J.S. 2A:34-23 (b). For convenience, these are listed
at the conclusion of this document.
In Crews, the Supreme Court reiterated the importance of courts establishing
findings as to the standard of living during the marriage, one of the statutory
factors. The marital standard of living is the "touchstone" for the
initial level of alimony and for reviewing any later motions for modification
based on changed circumstances. The Court noted that these findings are
"equally important" in uncontested cases.
| Factors in Establishing Marital Lifestyle: |
|---|
| • Marital Home |
• Furnishings and Contents |
• Household Help |
• Landscaping/Gardening |
| • Accounting/Financial Planning Services |
• Telephones |
• Automobiles |
• Clothing |
| • Furs |
• Jewelry |
• Collections |
• Schools and Camps for Children |
| • Childrenšs Allowances |
• Childrenšs Activities |
• Expenditures for Holidays |
• Medical and Dental Expenses |
| • Entertainment at Home |
• Description of Marital Lifestyle |
• Country Club |
• Dining Out |
| • Entertainment |
• Gambling |
• Travel and Vacations |
• Gifts |
| • Donations/Charitable Giving |
• Savings and Investments |
• Business Assuming Family Costs |
• Loans and Debt |
Additionally, the Crews case indicated that if the original spousal support is
not consistent with the standard of living established during the marriage but
that is all the paying spouse can afford at the time, then there should be some
provisions to modify the award upwards when the paying spousešs financial
condition improves.
- Statutory Factors for Spousal Support (Alimony) according to N.J.S. 2A:34-23(b):
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- Actual need and ability of the parties to pay;
- The duration of the marriage;
- The age, physical and emotional health of the parties;
- The standard of living established in the marriage and the likelihood that each
party can maintain a reasonably comparable standard of living;
- The earning capacities, educational levels, vocational skills, and employability
of the parties;
- The length of absence from the job market of the party seeking maintenance;
- The parental responsibilities for the children;
- The time and expense necessary to acquire sufficient education or training to
enable the party seeking maintenance to find appropriate employment, the
availability of the training and employment, and the opportunity for future
acquisitions of capital assets and income;
- The history of the financial or non-financial contributions to the marriage by
each party including contributions to the care and education of the children and
interruption of personal careers or educational opportunities;
- The equitable distribution of property ordered and any payouts on equitable
distribution, directly or indirectly, out of current income, to the extent this
consideration is reasonable, just and fair;
- The income available to either party through investment of any assets held by
that party;
- The tax treatment and consequences to both parties of any alimony award,
including the designation of all or a portion of the payment as a non-taxable
payment; and
- Any other factors which the court may deem relevant.
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