Alimony which is also referred to as spousal support and spousal maintenance is money paid by one spouse to the other. In New Jersey alimony is intended to allow both spouses to maintain a lifestyle comparable to that which they enjoyed during the marriage. The determination of alimony takes into consideration a variety of factors. Not every ex-spouse in New Jersey is eligible for alimony.
The purpose of Alimony is to put both parties in equal or similar economic circumstances. With a proper alimony award the financially dependent spouse (the lower-earning spouse) would have similar financial resources as the finically independent spouse (higher wage-earning spouse). Our attorneys are experienced with alimony issues and provide insight and creativity in obtaining and defending alimony award for our clients.
How is Alimony Calculated in New Jersey?
In New Jersey, alimony, unlike child support, is not based on a guidelines or a formula. Instead the courts use 13 statutory factors to determine the appropriate alimony award. The New Jersey alimony factors are:
- The actual need and ability of the parties to pay;
- The length of the marriage;
- The age and health of the parties;
- The standard of living established in the marriage;
- The earning capacities and employability of the parties;
- The absence from the job market of the parties seeking alimony
- The parental responsibilities for the children;
- The time and expense necessary for job training;
- The history of the financial or non-financial contributions to the marriage by each party;
- The equitable distribution of property ordered and any payouts in equitable distribution,;
- The income available to either party through investment of any assets
- The tax treatment and consequences to both parties of any alimony award; and
- Any other factors which the court may deem relevant.
There Are Five Types of Alimony in New Jersey.
The Courts in New Jersey recognize five types of alimony. Each type of alimony has a specific goal and purpose. The five types of New Jersey Alimony are:
Open Duration Alimony – for marriages of more than 20 years
Rehabilitative Alimony – support to enable education or training
Reimbursement Alimony – to compensate support of a spouse while in school
Limited Duration Alimony – a fixed period of support
Pendente Lite Alimony –temporary support while the divorce litigation is proceeding
Your New Jersey Alimony Lawyer Can Help.
Contact us today to find out if New Jersey alimony payments may be involved in your matter. Call DeMichele and DeMichele at (856) 546-1350 to schedule your confidential consultation, to review your legal options with an experienced New Jersey divorce and alimony attorney.