SENATE, No. 1494

STATE OF NEW JERSEY

INTRODUCED SEPTEMBER 19, 1996

By Senators MARTIN, PALAIA, Ewing and Cafiero

An Act concerning alimony and amending N.J.S.2A:34-25.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.2A:34-25 is amended to read as follows:

    2A:34-25. If after the judgment of divorce a former spouse shall remarry, permanent alimony shall terminate as of the date of remarriage except that any arrearages that have accrued prior to the date of remarriage shall not be vacated or annulled. A former spouse who remarries shall promptly so inform the spouse paying permanent alimony as well as the collecting agency, if any. The court may order such alimony recipient who fails to comply with the notification provision of this act to pay any reasonable attorney fees and court costs incurred by the recipient's former spouse as a result of such non-compliance.

    The remarriage of a former spouse receiving rehabilitative alimony shall not be cause for termination of the rehabilitative alimony by the court unless the court finds that the circumstances upon which the award was based have not occurred or unless the payer spouse demonstrates an agreement or good cause to the contrary.

    Alimony shall terminate upon the death of the payer spouse, except that any arrearages that have accrued prior to the date of the payer spouse's death shall not be vacated or annulled.

    Nothing in this act shall be construed to prohibit a court from ordering either spouse to maintain life insurance for the protection of the former spouse or the children of the marriage in the event of the payer spouse's death.

(cf: P.L.1988, c.153, s.7)

    2. This act shall take effect immediately.

STATEMENT

    This bill amends N.J.S.2A:34-25 to provide that a former spouse who remarries while receiving permanent alimony would be required to inform the payor spouse of the remarriage.

    The bill would require the former spouse to "promptly" inform the payor spouse and provide notification to any collecting agency . The bill does not set a specific time that notice must be given e.g. "within 30 days of the remarriage", since the term "promptly" offers a reasonable guideline.

    Under the provisions of the bill the court may require an alimony recipient who fails to comply with this notification provision to pay any reasonable attorney fees and court costs incurred by the payor spouse as a result of such non-compliance.

    This bill embodies Recommendation 16 of the report of the Commission to Study the Laws of Divorce, issued April 18, 1995.