No Rejoicing Over No Fault Law



While it made big news in most social circles those of us in the matrimonial field are less than thrilled with the No Fault Statute as presently written.  Instead of moving us ahead as the no fault law was intended, there are a number of attached provision meant to clearly stymie the process and make it even more costly.

When the 1985 Equitable Distribution law was enacted the issue of spousal support formerly known as Alimony now referred to as Maintenance was overhauled. The lifetime provisions were slowly done away with in favor a a more gradual support model meant to encourage rehabilitation and offer the non- monied spouse a chance to get on their feet and eventually support themselves. Assets were more evenly divided and child support later in the 90's was amended to a statutory amount which was praised by all those involved. While taking one step forward in the divorce wars, by eliminating the need to prove fault, the legislature in its infinite wisdom has decided to up the ante on the Maintenance model making it a similar provision to that of child support and taking judicial discretion almost completely out of the mix and drafting stringent guidelines in some cases re-instituting the old lifetime maintenance awards of years past.

While some will rejoice at this notion, most will not realize the onset of litigation that will ensure to fight these measures and in fact eliminate the very hope of streamlining divorce by making it even more of a contentious battle than it was before.

When one spouse is automatically given a carte blanche award regardless of the circumstances and based only on the length of the marriage it will of course make the monied spouse more apt to fight the divorce and raise the cost of litigation on both sides. Attorneys fees are also addressed in this bill, but again the provisions are muddied in how and when these costs should or will be paid.  It will be quite a while before the kinks in this law are worked out but the one thing that is certain, divorce will become just a little more complicated....right after the Governor signs the bill.