Bill Text: NJ A3640 | 2016-2017 | Regular Session | Introduced
Bill Title: Clarifies effective date of P.L.2014, c.42, concerning forms of alimony and alimony awards, so that P.L.2014, c.42 provisions apply to all actions filed but not finally adjudicated when that act took effect.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-04-14 - Introduced, Referred to Assembly Judiciary Committee [A3640 Detail]
Download: New_Jersey-2016-A3640-Introduced.html
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Clarifies effective date of P.L.2014, c.42, concerning forms of alimony and alimony awards, so that P.L.2014, c.42 provisions apply to all actions filed but not finally adjudicated when that act took effect.
CURRENT VERSION OF TEXT
As introduced.
An Act amending and clarifying the effective date of P.L.2014, c.42, which modified the forms of alimony that may be awarded by a court, and addressed the awarding, modification, and termination of alimony.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2014, c.42 is amended to read as follows:
2. This act shall take effect immediately, applying to any action filed on or after the effective date, or any action filed before the effective date that had not yet been finally adjudicated as of the effective date, and shall not be construed either to modify the duration of alimony ordered or agreed upon or other specifically bargained for contractual provisions that [have], before the effective date, had been incorporated into:
a. a final judgment of divorce or dissolution;
b. a final order that [has] concluded post-judgment litigation; or
c. any enforceable written agreement between the parties.
2. This act shall take effect immediately, and apply retroactively to September 10, 2014.
STATEMENT
This bill would clarify the effective date of P.L.2014, c.42, which modified the forms of alimony that may be awarded by a court, and addressed the awarding, modification, and termination of alimony. That act took effect "immediately" upon signing by the Governor, which occurred on September 10, 2014, with the intent that the act's provisions would apply prospectively in all matters filed on or after the effective date, or before the effective date but not finally adjudicated.
This intent is now expressly stated in this bill. Such intent is both logical and necessary to prevent the courts and litigants from having to deal long-term with two entirely different classes of alimony cases well beyond the enactment of P.L.2014, c.42: one class being newly filed cases applying the reformed alimony law and the other being those cases filed before the enactment, but still unresolved, continuing to apply the pre-reformed law. The bill's clarifying language would be applied retroactively to the reform law's original effective date of September 10, 2014 to ensure the uniformity in the reform law's application to all new and existing alimony actions as originally intended.
