Garlinger v. Garlinger

In Garlinger v. Garlinger, 137 N.J. Super. 56, 347 A.2d 799 (App.Div.1975), the Court concluded that while some jurisdictions had determined that a former wife's post-divorce "immoral conduct" was inherently sufficient to end alimony payments, the more widely accepted principle required termination only if there was a resulting economic impact on the needs of the supported spouse. The Appellate Division further opined that the minority view represented a distinctly punitive approach which imposed a moral obligation on a former wife to lead a "chaste" life after the marital relationship terminated or forfeit her alimony payments. Further, the punishment of a former wife for the manner in which she conducted her post-divorce existence, reflected a double standard of morality which, absent a measurable financial effect, could not be justified as a basis to mechanically terminate alimony. Garlinger, 137 N.J. Super. at 61-63, 347 A.2d at 801-03. The role of a court in the resolution of this type of inquiry was clearly defined near the conclusion of the decision. It is appropriate to add at this point that we do not intend to condone conduct that may either amount to the commission of a crime or be offensive to moral standards held by substantial segments of the community. But our obligation here is to implement the legal purposes of post divorce support and not to pretend to be keepers of the public morals. Garlinger, 137 N.J. Super. at 64-65, 347 A.2d at 803-04.