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trialmotiondivorcealimony
defendantappealtrialmotiondivorcealimony

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Crews v. Crews, 164 N.J. 11, 751 A.2d 524

Facts

Barbara Crews sought to modify her rehabilitative alimony award from $800 to $3500 per month, arguing that her financial situation had changed since the divorce. The initial divorce decree did not establish the standard of living during the marriage, which hindered the court's ability to analyze her request for modification. The trial court had previously awarded her a flat alimony amount without considering the marital lifestyle, which included significant expenses indicative of a higher standard of living.

Defendant, Barbara Crews, seeks review of the denial of her motion for modification of a rehabilitative alimony award. Her motion sought to reinstate and increase alimony from $800 to $3500 per month, and to convert the increased amount to permanent alimony.

Issue

Did the trial court err in denying the motion for modification of rehabilitative alimony due to the failure to establish the marital standard of living?

The issue presented was whether the trial court erred in denying the motion for modification of rehabilitative alimony due to the failure to establish the marital standard of living.

Rule

The court reaffirmed the principle from Lepis v. Lepis that the goal of alimony is to assist the supported spouse in achieving a lifestyle comparable to that enjoyed during the marriage, and that the marital standard of living must be established for any subsequent modification of alimony.

The Lepis principle that the goal of a proper alimony award is to assist the supported spouse in achieving a lifestyle that is reasonably comparable to the one enjoyed while living with the supporting spouse during the marriage.

Analysis

The Supreme Court found that the trial court's failure to establish the marital standard of living was a critical error that affected the analysis of the alimony modification. Without this essential fact-finding, the court could not properly evaluate whether Barbara Crews could maintain a lifestyle comparable to that during the marriage. The court emphasized that the marital standard of living is a necessary component in assessing changed circumstances for alimony modifications.

This case illustrates the pitfalls associated with the failure to establish the marital standard of living. The initial divorce decree failed to set forth the standard of living established during the Crewses' marriage. Without this information, defendant's motion for modification could not be properly analyzed.

Conclusion

The Supreme Court reversed the Appellate Division's judgment and remanded the case for the trial court to conduct the necessary fact-finding regarding the marital standard of living.

Judgment of Appellate Division reversed and matter remanded.

Who won?

Barbara Crews prevailed in the Supreme Court, as the court recognized the need for proper evaluation of her alimony modification request based on the marital standard of living.

Defendant promptly filed a post-judgment motion, seeking reconsideration of the child-support award, the alimony award, and the equitable-distribution award, as well as a stay of the child-support and alimony awards pending appeal.

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