With the new laws recently passed regarding marriage equality, some individuals may also begin considering the possibility for new divorce laws. At this time, each state, including New Jersey, has laws that affect divorce proceedings. Because these laws are not the same in all states, individuals will need to understand how their divorce could be carried out in their area.
The various aspects relating to divorce, such as property division and alimony, are handled differently in jurisdictions across the country. Some individuals may have property divided by equitable division laws while others are subject community property proceedings. Because these different processes can lead to individuals facing different outcomes, some parties may believe that national laws could be helpful.
Similarly, alimony is calculated differently depending on the area in which a couple lives. Therefore, some parties may receive more alimony in one state than in a different state under similar circumstances. If national laws regarding divorce were proposed and passed, there perhaps could be the potential that alimony in all areas would be calculated the same, and similar circumstances may not yield drastically different results.
Though national divorce laws may seem like an idea that could blanket the country in more equal divorce results, such laws are unlikely. Various factors can play into how divorce decisions are made, and because different areas have variations in the standard of living, income levels and other similar aspects, financial impacts are calculated differently. New Jersey residents may want to ensure that they understand how divorce proceedings are handled here if they are ready to move forward.
Source: PBS, “Is it time for a national divorce law too?“, Laurence Kotlikoff, June 26, 2015