[Corrected Copy]

 

ASSEMBLY JUDICIARY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 81

 

STATE OF NEW JERSEY

 

DATED: JUNE 10, 1996

 

      The Assembly Judiciary Committee reports favorably Assembly Bill No.81.

      This bill would amend N.J.S.2A:34-23, the alimony statute, to clarify that the court consider the impact on both parties in awarding alimony.

      Currently, the statute provides that, among other factors used in determining alimony, the court must consider:

      The length of absence from the job market and custodial responsibilities for children of the party seeking maintenance. (2A:34-23b.(6).

      It is generally acknowledged that this factor is directed to the alimony recipient's earning capacity and how that capacity has been affected by two factors -- the length of the recipient's absence from the job market, and the recipient's custodial responsibilities for the children. This factor is changed to reflect not just the alimony recipient's child-rearing responsibilities, but both parties' child-rearing responsibilities. Consequently, the bill would split the current factor (6) into two separate factors, to now read:

      (6) The length of absence from the job market of the party seeking maintenance;

      (7) The parental responsibilities for the children.

      This bill embodies Recommendation 19 of the report of the Commission to Study the Law of Divorce, issued April 18, 1995.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.