Calculating Alimony and Child Support in New Jersey

What is alimony and how is it calculated?

Alimony is the payment of support by one ex-spouse to another as part of a divorce. While alimony can have both a reimbursement and/or rehabilitative component, it is generally paid for the purpose of allowing the recipient spouse to maintain a lifestyle reasonably comparable to that during the marriage.

New Jersey does not have any specific formula for the calculation or duration of alimony, except that the newly amended alimony statute provides that for marriages lasting less than 20 years, alimony cannot be paid for longer than the marriage, unless exceptional circumstances exist. Instead, New Jersey law provides a non-exhaustive list of factors to consider, including the length of the marriage, the type and value of the assets of the parties, the economic circumstances of the parties, the parties’ education and employability, and the standard of living established during the marriage.

Most significantly, courts tend to focus on the “marital lifestyle” the parties had during the marriage, and attempt to use alimony as a way of ensuring both parties are able to maintain that lifestyle. The newly amended alimony statute is clear that neither spouse is entitled to maintain the marital lifestyle over the other. Ultimately, as with many issues that arise as part of a divorce, the parties are generally in a better position than the courts to determine how much alimony should be paid, and for how long.

What is child support and how is it calculated?

Unlike alimony, child support is calculated based on a specific formula, which takes into consideration the income of both parties, alimony paid or received, number and age of the children, and the amount of overnights the children spend with each parent. In addition, payment of health care and day care expenses, in addition to other financial considerations can be taken into account in calculating child support. The current child support formula is applicable in cases where the combined income of the parties is $187,200 or less. In the event the combined income of the parties is greater than $187,200, a discretionary amount of support can be added to the base limit.

Which expenses are included in child support, and which are not?


Child support is meant to cover basic living expenses for a child, including housing, food, clothes, transportation, entertainment and unreimbursed health care expenses up to $250 a year. Beyond this, spouses have to agree if, when and how to pay for additional expenses such as private school, summer camp, tutors, cars, college and graduate school expenses and other miscellaneous expenses. This can be challenging to think about if a divorce occurs when a child is too young for these expenses to be considered, but is a topic that should be discussed with your attorney, and should not be left to chance.

Learn About Your Rights Regarding Alimony and Child Support Today

Alimony and child support are two of the most important issues in any divorce matter because they have the potential to impact your life, and your children’s lives, for years after your divorce has concluded. If you are contemplating a divorce or have been served with divorce papers, contact The Law Office of Steven M. Cytryn, LLC to schedule a consultation. Steven M. Cytryn is a central New Jersey divorce lawyer who will help you understand your rights with regard to alimony and child support.

Steven M. Cytryn
About the Author: Steven Cytryn
Steven M. Cytryn is the Managing Member of The Law Office of Steven M. Cytryn, LLC, and primarily focuses his practice on divorce and family law matters.