In August 2013, I blogged several times about the Appellate Division’s decision Gnall v. Gnall case. Many people claim that Gnall sets forth a new bright line standard that a 15 year marriage merits permanent alimony. It was just announced that the Supreme Court has granted certification and will be hearing the matter. The Court stated that the question presented was as follows:
Was it appropriate for the Appellate Division to reverse the trial court’s award of limited duration alimony and to remand for consideration of permanent alimony under the circumstances of this case, which included a marriage of fifteen years?
While I blogged on whether a 15 year marriage really meant permanent alimony, there were other aspects of Gnall that I blogged on. Gnall also addressed how marital lifestyle was defined, and in my opinion, failed to recognize the cases regarding marital momentum. The case also gave food for thought about filing motions seeking to have a stay at home party go back to work at the outset of the case. Finally, Gnall raised the spectre of a savings component in child support.
From the blurb posted on the Judiciary’s web site, it seems like alimony is the major focus. That said, the final decision will likely touch upon the lifestyle and imputation issues as they are considerations with regard to alimony.
Stay tuned for updates when the matter is finally decided.
Eric Solotoff is the editor of the New Jersey Family Legal Blog and the Co-Chair of the Family Law Practice Group of Fox Rothschild LLP. Certified by the Supreme Court of New Jersey as a Matrimonial Lawyer and a Fellow of the American Academy of Matrimonial Attorneys, Eric is resident in Fox Rothschild’s Roseland and Morristown, New Jersey offices though he practices throughout New Jersey. You can reach Eric at (973)994-7501, or firstname.lastname@example.org.