New Jersey Alimony Attorney

About Alimony and Spousal Support in New Jersey

The issue of alimony, or spousal support, is obviously a critical concern for one who may be divorcing. Questions of when it applies, how much should it be, and for how long, can be confusing. These questions seem to yield different answers from different people. While the answers to these questions are particular to each case, there are some basic legal principles that apply to all cases in New Jersey.

In an action brought for divorce, a court may award one party 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. This determination, as well as the determination of the type, amount of support or its duration, is made by applying a number of factors. This may include, but is not limited to:

The actual need and the ability of the parties to pay;
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;
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;
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; and
Any other factors which the court may deem relevant.

New Jersey Courts may award one or more of the following types of alimony: permanent, limited duration, rehabilitative or reimbursement alimony.

Permanent alimony is perhaps the most commonly understood alimony. It is provided in marriages of long duration where economic need is demonstrated, whereby it would be appropriate for support on a potentially permanent basis. Permanent alimony generally lasts until one party dies, or the person receiving the alimony remarries.

Limited duration alimony is similar to permanent alimony, but, as the name indicates, it is only for a limited period of time. This type of alimony usually has the same considerations as permanent alimony, but is mostly considered following shorter term marriages.

Rehabilitative alimony involves an award to enable the former spouse to complete preparations necessary for economic self-sufficiency. It ceases when the dependant spouse is in a position of self-support. Rehabilitative alimony may represent an appropriate remedy where, for example, a spouse gave up or postponed his or her own education to work in the household or to provide primary care for the children. These circumstances may require a lump sum or a specific term rehabilitative award.

Reimbursement alimony is a unique category. This alimony differs from other types of alimony, in that it is intended to compensate a spouse who has made financial sacrifices resulting in a reduced standard of living by enabling the other spouse to secure an advanced degree of professional license. For example, if you put your spouse through medical school, and shortly afterwards you are divorced, then there is a claim to be reimbursed for the cost that was expended for the schooling.

Notably, there are also many circumstances that can result in the modification of alimony, including but not limited to an increase in expenses, cohabitation of the receiving spouse, a good faith retirement, an increase or decrease in the supporting spouse's income, or illness and disability.

The types of alimony that may be awarded in a particular case, and the amount and duration of the alimony, are issues that are fact specific to each couple. There is no schedule or certain percentage of income that is involved. Rather, it is a balance of all of the factors under law that determine the specific alimony award.

When making decisions regarding awarding alimony or spousal support in a divorce, the court will consider a number of factors. There is no formula or guideline like there is for determining child support. For help in determining what type and what amount of alimony is the best for your particular circumstance, you should speak with a New Jersey divorce attorney at The Law Office of Steven P. Monaghan. We are experienced in handling divorces involving all ranges of income and understand that every situation and relationship is unique.

Contact a New Jersey alimony lawyer for information and help with alimony or spousal support issues during or following your divorce.