Alimony
The Three Most-Frequently Asked Questions About Alimony
- How Is Alimony Determined In New Jersey?
- What Are The Different Types of Alimony In New Jersey?
- Can A New Jersey Court Order Alimony To Be Paid Before The End Of
The Case?
1. How Is Alimony Determined In New Jersey?
There are 13 factors:
- The actual need and ability of the parties to pay;
- The duration of the marriage;
- The age, physical and emotional health of the parties;
- The standard of living established in the marriage and the likelihood that each party
can maintain a reasonably comparable standard of living;
- The earning capacities, educational levels, vocational skills and employability of the
parties;
- The length of absence from the job market of the party seeking maintenance;
- The parental responsibilities for the children;
- The time and expense necessary to acquire sufficient education or training to enable the
party seeking maintenance to find appropriate employment, the availability of the training
and employment, and the opportunity for future acquisitions of capital assets and income;
- The history of the financial or non-financial contributions to the marriage by each
party including contributions to the care and education of the children and interruption
of personal careers or educational opportunities;
- The equitable distribution of property ordered and any pay-outs on equitable
distribution out of current income, to the extent this consideration is reasonable, just
and fair;
- The income available to either party through investment of any assets held by that
party; and
- The tax treatment and consequences to both parties of any alimony award, including the
designation of all or a portion of the payment as a non-taxable payment.
- Any other factors which the court may deem relevant.
2. What Are The Different Types of Alimony
In New Jersey?
Permanent Alimony
Permanent alimony is intended to compensate a spouse for an economic dependence created by
the marriage. The purpose of permanent alimony is to allow the supported spouse, after the
divorce, to continue to live in the lifestyle to which he or she had been accustomed
during the marriage to the degree possible. Usually, when the marriage was of long
duration, and economic need is also demonstrated, the courts will entertain an award of
permanent alimony.
Rehabilitative Alimony
Rehabilitative alimony is a short-term award. This type of alimony enables the former
spouse to go back to school or obtain some type of job training that will enable him or
her to re-enter the workforce. In many cases, rehabilitative alimony will consist of the
non-dependent spouse paying for the college tuition or the job training expenses for the
dependent spouse.
Limited Duration Alimony
Limited duration alimony, sometimes called "term alimony," is an award of
alimony of a limited duration. Limited duration alimony is often awarded when the marriage
was a short one or when a rehabilitative alimony award is not requested or appropriate,
but the circumstances of the case justify some award of financial support.
Reimbursement Alimony
A reimbursement alimony award compensates one spouse for the financial contributions that
he or she has made to the professional training or career development of the other spouse,
thereby enhancing that spouse's future earning capacity.
Other
In the interest of a just result, New Jersey courts may make alimony awards that combine
the various categories.
3. Can A New Jersey Court Order
Alimony To Be Paid Before The End Of The Case?
Yes. After a Complaint for Divorce has been filed, either party may ask the court for
an award of “pendente lite” or temporary alimony, to enable the parties to
maintain the "status quo" until a full analysis of their financial affairs is
completed. The amount of pendente lite alimony can be increased or decreased by settlement
or at trial.
To speak with a New Jersey
Alimony Lawyer, call 973-455-1220. |
