In New Jersey, alimony (also called spousal support or maintenance), is a money award that one spouse (the payor), pays to his or her ex-spouse (the payee) following their divorce.
The court uses several factors in determining an amount of alimony payments.
The amount the court ultimately decides is intended to allow the payee ex-spouse to maintain a financial lifestyle that reasonably compares to the financial lifestyle he or she enjoyed during the course of their marriage. That said, the alimony statute is clear to specify that neither party has a greater right to enjoy that standard of living over the other.
Of course, since a vast majority of divorces ultimately settle on terms agreed to by the parties, the court is not usually called upon to make an alimony determination. Nevertheless, regardless of whether the parties or the court determines the amount of alimony to be paid, the same set of 14 non-exhaustive factors must be considered.
The factors are set forth in , N.J.S.A. 2A: 34-23(b), which provides four different types of alimony that a court can award: (1) open durational alimony (formerly known as permanent alimony); (2) limited durational alimony; (3) rehabilitative alimony; and/or (4) Reimbursement alimony.
14 New Jersey Alimony Factors
In awarding alimony, the court must consider, but is not necessarily limited to, the following factors:
(1) The need of one individual for support and the ability of an individual to pay;
(2) The length of the individuals’ marriage or their civil union;
(3) The age and health of the individuals;
(4) The standard of living established during the course of their marriage and the possibility that each individual can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;
(5) The earning capacities, education and employability of the individuals;
(6) The length of time the individual seeking payment has been unemployed;
(7) The parental responsibilities involving their children;
(8) The time and expense that is needed to obtain adequate education and/or training to allow the individual seeking payment to acquire employment, the availability of the training and employment, and the chances for future acquisitions of capital assets and income.
(9) The history of each individual’s contributions, either financial or non-financial, to the marriage or civil union, including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
(10) The equitable distribution of property and payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
(11) The income available to either individual through investments relating to any assets held by that individual;
(12) The tax treatment and consequences to both individuals of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;
(13) The nature, amount, and length of pendente lite support paid, if any; and
(14) Any other factors which the court may deem relevant.
Whenever the court is called upon to consider whether to award alimony, the court must first consider and analyze evidence regarding all of the relevant factors listed above. Upon concluding which factors are controlling and which factors are not persuasive, the court is required, by New Jersey law, to prepare and issue written findings of fact with conclusions of law as to the court’s conclusion(s).
Contact A Central New Jersey Divorce Attorney
Finding a Family Law Attorney who understands these factors, their significance to your particular case, and the evidence necessary to support your position with regard to alimony is critical to any divorce. Contact the Law Office of Steven M. Cytryn, LLC, today, for experienced legal representation in your divorce of family law matter. The Law Office of Steven M. Cytryn, LLC proudly serves Central New Jersey, including Middlesex, Monmouth, Somerset, Union and Mercer Counties.
