Innes v. Innes

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 a complaint for divorce on October 8, 1982. The ground for the complaint was the continuous separation of Innes and his wife-defendant, Nita L.…