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JACOBITTI v. JACOBITTI

135 N.J. 571 (1994)

641 A.2d 535

EDMUND E. JACOBITTI, PLAINTIFF-APPELLANT, v. STELLA MARIA JACOBITTI, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 6, 1994.

Attorney(s) appearing for the Case

Albert L. Cohn argued the cause for appellant (Cohn, Lifland, Pearlman, Herrmann & Knopf, attorneys; Mr. Cohn and Terri Del Greco, of counsel, and on the briefs).

Gail J. Mitchell argued the cause for respondent (Schwartz & Barkin, attorneys; Ms. Mitchell and Allen J. Barkin, on the briefs).

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

N.J.S.A. 2A:34-25 provides that "[a]limony shall terminate on the death of the payer spouse." In this case a trial court ordered a divorced man to create a trust fund from which monthly alimony payments would be made to his ex-wife so long as she lives, even if she outlives her ex-husband. The court did so by invoking another part of N.J.S.A. 2A...

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