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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):
  1. Actual need and ability of the parties to pay;
  2. The duration of the marriage;
  3. The age, physical and emotional health of the parties;
  4. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
  5. The earning capacities, educational levels, vocational skills, and employability of the parties;
  6. The length of absence from the job market of the party seeking maintenance;
  7. The parental responsibilities for the children;
  8. 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;
  9. 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;
  10. 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;
  11. The income available to either party through investment of any assets held by that party;
  12. 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
  13. Any other factors which the court may deem relevant.