One of the most pressing and emotionally charged issues during a divorce case is the question of alimony. Understanding the basics of New Jersey’s alimony laws can help you better prepare for what to expect. Unlike child support, which follows specific guidelines, there is no formula for calculating alimony in New Jersey. Instead, family courts consider each case independently and base decisions on a variety of factors.
Length of Time Alimony Can Be Paid
In most cases, unless your marriage is more than 20 years, the length of alimony cannot last for more years than the marriage. Even in marriages exceeding 20 years, the alimony does not necessarily continue indefinitely.
Reasons to Modify or Terminate Alimony
Alimony can be terminated for a variety of reasons, including the retirement of the payor spouse. It can be adjusted if there is a significant change in either spouse’s circumstances, and it typically ends if the recipient remarries or enters into a new civil union.
Factors Considered When Determining Alimony
Because there is no specific formula for calculating alimony in New Jersey, the courts may consider a variety of factors to come to an equitable decision. These include the age and health of both parties, the length of the marriage, and parental responsibilities. Some aspects may be complex to determine, including:
- Standard of living: does one spouse require financial support in order to maintain the standard of living established during the marriage?
- Earning capacities and job skills of both parties
- Contributions to the marriage, both financial and non-financial
- Available income from other sources, including assets received in the divorce
- Savings during the parties’ marriage as a potential element of lifestyle
“Courts have significant discretion in New Jersey when considering the proper amount of alimony to award in a divorce,” says Jonathan Wolfe, Co-Managing Partner at Skoloff & Wolfe, P.C. and Chair of the firm’s Matrimonial and Litigation Departments. “Whether we represent the party paying or receiving alimony, we take a very thorough look at the particular facts and circumstances of each case to advocate for the best outcome for our clients.”
Additional Key Points About New Jersey’s Alimony Laws
In New Jersey, alimony decisions are not based on gender. Either spouse, regardless of gender, can be awarded alimony. Temporary support paid during the separation period or the divorce proceedings may be factored into the court’s decision on future alimony payments. Finally, alimony is no longer deductible for federal tax purposes.
There are many ways in which alimony can be calculated, each with potentially far-reaching effects. Having a knowledgeable family law attorney is crucial for anyone going through a divorce.
We represent clients in all matters of family law including Divorce, High Net Worth Divorce, Child Custody, Child Support, Separation, and Mediation. Leaders and the spouses of leaders of finance, law, entertainment, sports, real estate, and members of America’s prominent families, rely upon the attorneys of our family law group. From start to finish, we work side-by-side with our clients to identify reasonable objectives and achieve the best possible result.