Innes v. Innes

This case involves an important issue of matrimonial law. The question concerns the Chancery Division’s authority, on a husband’s motion to modify an alimony obligation set forth in a property-settlement agreement, to consider the husband’s monthly benefit payments from a pension that was treated as an asset for purposes of equitable distribution when the parties divorced. Reversing the Appellate Division, the Court today holds that prior decisional law absolutely bars such consideration of the pension benefit. The Court also holds that a recent amendment to N.J.S.A. 2A:34-23, A. 1988, c.…