With the ending of a marriage, the spouses are often left financially on two different playing fields. What was once one bank account is now two, and any disparity in incomes indicates that one spouse will likely be less financially stable once the divorce is finalized. Alimony in New Jersey is a means of temporarily providing for the less affluent spouse so that he or she may continue to maintain employment and a high standard of living. To learn more about how alimony payments are determined in the state of New Jersey, watch divorce attorney David Salvaggio’s video below.
How Is Alimony in New Jersey Determined?
There are no fewer than 13 separate factors, plus a “catch-all” 14th factor, which New Jersey courts have been directed to consider in determining the issue of alimony in a divorce case or in the dissolution of a civil union. These factors include the following:
- The actual need and ability of the parties to pay;
- The duration of the marriage or civil union;
- The age, physical health, and emotional health of the parties;
- The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;
- 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 or civil union 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 payouts on equitable distribution, directly or indirectly, 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;
- 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;
- The nature, amount, and length of pendente lite support paid, if any; and
- Any other factors that the court may deem relevant.
If you have questions about alimony in New Jersey, please contact our office to schedule a free phone consultation. There is never a charge for initial telephone conferences. We welcome phone calls from potential clients, even if you are not sure whether or not you are ready to go forward.
Not ready to take that step? Read our complete guidebook to Divorce in New Jersey for a comprehensive understanding of Alimony in New Jersey.