By: Bruce P. Matez, Esquire
The New Jersey Supreme Court has done nothing more than reiterate that the length of a marriage is only ONE of 13 factors which the court must consider in awarding alimony in NJ. In Gnall v. Gnall, the Supreme Court reversed the decision of the Appellate Division, which had reversed the decision of the trial court. The trial court awarded Ms. Gnall alimony for 11 years after a 15 year marriage. She appealed. The Appellate Division reversed and found that the judge abused his discretion by not granting permanent alimony (pursuant to the prior law), that a 15 year marriage was considered “long term.” That decision was appealed to the Supreme Court. Justice Fernandez-Vina, writing for a unanimous court, stated that the length of a marriage cannot be the only determining factor and should not weigh more heavily in the court’s determination than the other 12 statutory factors. “Therefore, we find that the trial court improperly weighed duration over the other statutorily defined factors in determining a long-term marriage must be 25 years or more.” The case was remanded to the trial court for a more thorough analysis of the statutory factors. The new alimony law which was passed in September 2015 more specifically sets time frames for limited duration and open durational alimony as well as eliminated “permanent” alimony as an option. However, the new law does not define the appropriate duration of limited duration alimony other than to say it cannot exceed the length of the marriage for a marriage of 20 years or less. That duration is still left to the discretion of the court. Therefore, the court will still have to analyze the statutory factors in determining the duration of limited duration alimony awards under the new law.