Alimony

In an action brought for divorce, a court may award one party alimony, which may take the form of permanent alimony, rehabilitative alimony, limited duration alimony or reimbursement alimony. Alimony generally is designed to maintain an economically dependent spouse in a lifestyle to which he or she had become accustomed during the marriage. What makes a person an economically dependent spouse is a difficult question to answer. This determination, as well as the determination of the amount of support or its duration, is made by applying a number of factors, which may include:

1. The actual need and the ability of the parties to pay;
2. The age, physical and emotional health of the parties;
3. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
4. The earning capacities, educational levels, vocational skills, and employability of the parties;
5. The length of absence from the job market of the party seeking maintenance;
6. The parental responsibilities for the children;
7. 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;
8. 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;
9. The equitable distribution of property ordered and any pay outs on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
10. The income available to either party through investment of any assets held by that party;
11. 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; and
12. Any other factors which the court may deem relevant.

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