The “new” alimony statute is more than seven years old, yet it still leaves unanswered questions. Among them is whether, and to what extent, the statute’s subsections have retroactive application. The need for a definitive standard is most acute when a non-self-employed litigant files a post-judgment motion seeking to review or modify an alimony obligation that pre-dates the statute. While a court is vested with broad discretion and inherent authority to address each unique factual situation, the lack of a definitive standard has the unintended effect of perpetuating confusion and litigation among attorneys and judges. Due to space limitations, this article is focused on N.J.S.A. 2A:34-23(k), which permits a non-self-employed spouse to seek a modification of alimony. More specifically, it addresses whether subsection (k) can be applied retroactively to cases decided or settled prior to the 2014 statutory amendments.

Subsecton (k) provides that a trial court shall consider the following factors when deciding whether to modify an obligor’s alimony payment: