Article by: Katelin Eastman
42 PEPP. L. REV. 293 (2015)
This Comment explores the history and reasoning behind divorce in the United States, examines contemporary alimony jurisprudence, and assesses the viability of fertility compensation in divorce proceedings, arguing that there is, in fact, a legal basis for awarding such reparation upon divorce. Part II surveys divorce at common law and details the impact of the Uniform Marriage and Divorce Act (UMDA) and its introduction of nofault divorce. Part III discusses alimony under New Jersey state law, with particular emphasis on reimbursement alimony after the Reiss trilogy, the Crews marital standard of living, and the impact of Assisted Reproductive Technology (ART) on divorce jurisprudence. Part IV evaluates the viability of Mrs. X’s claim for alimony for her eggs under the Crews, Reiss, and ART frameworks, contending that there is a strong legal basis for awarding her fertility compensation. Part V focuses on the social policy implications of recognizing fertility compensation as a legitimate form of alimony. Part VI concludes.