Alimony May Continue After Obligee Spouse Remarries

In Alisa Forman v. Mark Forman, the parties agreed to 5 years of alimony which could not be terminated for any reason other than the death of the obligee. The parties were divorced in June 2012 and the Wife remarried in August 2013. The Husband discontinued alimony in September 2013 and the Wife filed to enforce the alimony obligation. The case was originally heard in the Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County wherein the court directed the Husband to comply with the terms of the parties’ negotiated marital settlement agreement (MSA) and continue paying alimony. The Husband appealed and the New Jersey Appellate Division considered the fact that the parties’ went to great pains, in their MSA, to spell out very specific and limited reasons for termination of alimony but also considered the legal framework in existence at the time of the writing of the MSA. The Appellate Division looked to interpretive principles cited in Ravin, Sarasohn, Cook, Baumgarten, Fisch & Rosen, P.C. v. Lowenstein Sandler, P.C., 365 N.J. Super. 241 (App. Div. 2003) including Judge Learned Hand’s expression that “there is no surer way to misread a document than to read it literally...” and that parties to a contract formed in New Jersey are presumed to have selected New Jersey Law as their framework. The Appellate Division then looked to the laws of New Jersey pertaining to alimony, the parties use of very specific terms and the possible interpretations and determined that the matter should be remanded to the trial court for a plenary hearing to determine the parties’ intent at the time the MSA was prepared with regard to the automatic alimony termination statute N.J.S.A. 2A:34-25. This blog is for informational purposes and not intended to replace the advice of an attorney. If you wish to consult with one a divorce attorney, you may visit DarlingFirm.com to learn more about our services or how to contact us.