In a divorce, a court may award alimony to one person. Alimony generally is designed to maintain an economically dependent spouse in a lifestyle to which he or she had become accustomed during the marriage.
Factors That Determine Alimony
This determination, as well as the determination of the type, amount of support or its duration, is made by applying a number of factors.
These factors may include, but are not limited to:
- Actual need and the ability of the parties to pay
- Age, physical and emotional health of the parties
- Standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living
- Earning capacities, educational levels, vocational skills, and employability of the parties
- Length of absence from the job market of the party seeking maintenance
- Parental responsibilities for the children
- 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
- History of the financial or nonfinancial 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
- Equitable distribution of property order
- Income available to either party through investment of any assets held by that party
- Tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable payment
- Additional factors, those that the court may deem relevant
If you think you should receive alimony, contact us. We can help. Call the Law Offices of Steven P. Monaghan, LLC at (732) 624-6343 or fill out the online form. Your first consultation is free.
There are also many circumstances that can trigger 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
- Illness and/or disability of the supporting spouse
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.
Need Alimony? Want to Modify a Prior Agreement? Call Us.
Receiving, paying or modifying alimony are complex issues to determine, unique in every case. It takes an experienced New Jersey divorce attorney. Talk to one of our family lawyers in Monmouth County Law Offices of Steven P. Monaghan, LLC -- we have over six decades of combined experience! Call us at (732) 624-6343 to schedule your free initial consultation today!