Alimony

One of the biggest questions we get asked at the Rose Law Firm is whether a client is entitled to alimony and if so, how much.  The issue of alimony can be one of the most important issues in your divorce, as it can determine which house you can buy, how much you can spend each month, and what your lifestyle will be in the future.  New Jersey has one of the more complicated alimony statutes in the country as there is no set formula for calculating alimony.  There are a number of different statutory factors that determine the duration and amount of your alimony payments.  It is important to consult with an experienced New Jersey divorce attorney who can assist you in understanding the alimony process and guiding you to a reasonable resolution of your alimony issue.

Different Types of Alimony in NJ

• Open durational alimony
• Limited duration alimony
• Rehabilitative alimony
• Reimbursement alimony

In determining which type of alimony, if any, a spouse is entitled to during a divorce, a Court will consider the following factors:

• The actual need and ability of the parties to pay;
• The duration of the marriage or civil union;
• The age, physical 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 which the court may deem relevant.

There are additional considerations and provisions from the statute that may apply to your case which will determine the length of alimony as well.  Consult with an experienced matrimonial attorney from the Rose Law Firm in order to discuss your options so you can feel confident you are making an informed and confident decision as it pertains to alimony in your divorce matter.