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INNES v. INNES

117 N.J. 496 (1990)

569 A.2d 770

FRANK T. INNES, PLAINTIFF-APPELLANT, v. NITA L. INNES, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 17, 1990.

Attorney(s) appearing for the Case

James J. Byrnes argued the cause for appellant (Byrnes & Guidera, attorneys).

John A. Craner argued the cause for respondent (Libby E. Sachar, attorney; Norman W. Albert, of counsel; Libby E. Sachar, Norman W. Albert, and John A. Craner, on the briefs).

James P. Yudes submitted a brief on behalf of amici curiae Family Law Section and Women's Rights Section of the New Jersey State Bar Association.

The opinion of the Court was delivered by GARIBALDI, J.

We hold today that payments generated by pension benefits that were previously equitably distributed are not "income" for purposes of reconsidering the pensioner's alimony obligations. Our decision is based on the recent amendment to N.J.S.A. 2A:34-23, the pre-existing case law and the specific language of the parties' agreement.

After thirty-one years of marriage, Frank T. Innes, plaintiff, filed...

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