Statement of Purpose

We, the undersigned residents and supporters of New Jersey families, respectfully urge the New Jersey Legislature to amend current divorce statutes to allow proven adultery to be considered as a fault factor in equitable distribution of marital assets and determinations of alimony.

The Issue

New Jersey appropriately permits no-fault divorce, allowing marriages to end without prolonged litigation over blame. However, under the current legal framework, adultery—while recognized as a fault ground for divorce—rarely has any impact on financial outcomes, including the division of retirement assets or eligibility for alimony.

As a result, a spouse who engaged in adultery may still:

• seek long-term or permanent alimony
• claim an equal share of marital and retirement assets
• pursue aggressive financial claims against the faithful spouse

This occurs even when the adulterous conduct directly caused the breakdown of the marriage and involved a serious breach of trust

Why This Matters

Marriage is not only a personal relationship but also a legal and financial partnership built on mutual trust and good faith. When one party violates that partnership through adultery, especially egregious or sustained misconduct, the law should allow courts to consider that breach when determining financial fairness.

The current approach:

• removes accountability for serious marital misconduct
• creates inequitable financial outcomes for faithful spouses
• incentivizes prolonged and adversarial litigation
• undermines public confidence in the fairness of family law

No-fault divorce should not mean no-accountability financial consequences.

Proposed Legislative Change

We respectfully request that the New Jersey Legislature amend N.J.S.A. 2A:34-23 and related statutes to permit courts to consider proven adultery as a discretionary factor in:

• equitable distribution of marital property
• alimony eligibility, duration, and amount

Such consideration would not mandate punishment, but rather restore judicial discretion to ensure outcomes are fair and equitable based on the totality of circumstances.

A Balanced Approach

This petition does not seek to eliminate no-fault divorce. Instead, it calls for a balanced system that:

• preserves efficient divorce proceedings
• discourages financially unjust outcomes
• recognizes that serious marital misconduct can have real financial consequences

Many states already allow marital fault to influence financial determinations.

Call to Action

We urge New Jersey lawmakers to modernize divorce law by aligning financial outcomes with principles of fairness, accountability, and equity.
No-fault divorce should end marriages — not reward marital misconduct.