Alimony in New Jersey is determined through consideration of many factors set forth in our law at New Jersey Statutes Annotated 2A:34-23b. Under this law, there are four types of alimony available to a supported spouse: reimbursement, rehabilitative, limited duration, and open durational. There is no “formula” for determining the type of alimony that should be paid or the amount of alimony that should be paid by one spouse to the other. There is no way to “calculate” alimony. Rather, many factors are considered. These are all listed in our statute and include the following:
- 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 the current income, to the extent this consideration is reasonable, just and fair;
- The income available to either party through investment orf 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 many circumstances that could affect the length of time, or the amount of alimony paid or received. Alimony can be modified or terminated based upon a change in the circumstances of either spouse over time. For a full review of your own circumstances, please call to make an appointment with one of our experienced attorneys. Whether you are at the point in the divorce process where alimony is being set, or post-judgment, where alimony may be modified, the family law attorneys at Puff, Sierzega & MacFeeters can assist you.
To schedule a consultation with one of our family law attorneys, please call our office at (856) 845 – 0011 or email us at info@pufflaw.com
