SENATE WOMEN'S ISSUES, CHILDREN AND FAMILY SERVICES COMMITTEE

 

STATEMENT TO

 

[First Reprint]

ASSEMBLY, No. 82

 

STATE OF NEW JERSEY

 

DATED: JANUARY 23, 1997

 

The Senate Women's Issues, Children and Family Services Committee reports favorably Assembly Bill No. 82 (1R).

      This bill would amend the equitable distribution statute, N.J.S.A. 2A:34-23.1, to add an additional factor for the court to consider in allocating assets pursuant to equitable distribution. The new factor would require the court to consider the extent to which a party deferred achieving career goals.

      In a common factual scenario, the wife remains home for a number of years to care for the children and, as a consequence, her earning capacity is materially and adversely affected. By contrast, because of the wife's efforts in caring for the children, the husband has the ability to develop his own career and to have his own earning capacity enhanced. Under the bill, this issue would be set forth in the statute as a factor that the court (and the parties themselves, when they settle cases) must consider in evaluating the fairness of an overall distribution of assets.

      This bill embodies Recommendation 20 of the report of the Commission to Study the Law of Divorce, issued April 18, 1995.

      This bill is identical to Senate Bill No. 1496, sponsored by Senators Ewing and Martin, which this committee also reported favorably on this date.