I'm working on an appeal where the trial court denied a request to extend the term of limited duration alimony when Wife learned she had an undiagnosed disabling disease at the time of the divorce. Had she known she'd become unemployable, she wouldn't have accepted the duration the parties agreed to.
Reading the transcript, the judge made reference to N.J.S.A. 2A:34-23(c) being an "after enacted statute" that couldn't control his decision as to a 2005 judgment / Agreement. The relevant section of the 2005 amendment addresses the issue ("Exceptional circumstances which may require an adjustment to the duration of alimony include ... (3)Whether a spouse or partner has a chronic illness or unusual health circumstance.")
The court was apparently unaware that N.J.S.A. 2A:34-23(c) previously had a nearly identical provision ("The court ... shall not modify the length of the term except in unusual circumstances."), thinking that this only existed as of the 2014 changes to the law. Thus, we were not relying on an "after enacted statutue."
Does anyone know when
N.J.S.A. 2A:34-23(c) was enacted? The best cite I can find to show it existed is Gordon v. Rozenwald, a case discussing it. Gordon was decided in August of 2005, which is very close to the date of the parties' divorce (too close for comfort). I'd rather be safer and show it had been in place longer than this. I think the statute was amended to address Limited Duration alimony years earlier (prior to which time it could only be imposed by consent)?
Thanks,
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David Perry Davis, Esq.
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57 Hamilton Avenue -- Suite 301
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