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Perhaps no issues cause as much frustration or apprehension during a divorce as the matter of how much support will be paid and for how long. Alimony, also known as spousal support, is a fairly complicated subject in New Jersey, as based upon a consideration of fact sensitive statutory factors that make every case different.

Alimony in New Jersey: An Overview

In New Jersey, alimony (also called spousal support or spousal maintenance) is an economic right that arises out of the marital relationship. It is essentially money that is paid by one spouse to the other during (called pendente lite support) or after the entry of a final judgment of divorce. Alimony may also be paid when a civil union is dissolved.

The purpose of alimony is designed to provide the dependent spouse with a level of support and standard of living that is generally commensurate with the quality of economic life that existed during the marriage. When possible, alimony allows each divorcing spouse to continue to maintain a reasonably comparable lifestyle to that enjoyed during the marriage. Spousal support is usually applicable in divorces where one spouse has a significantly higher income or higher earning potential than the other and there is “economic reliance,” by a dependent spouse. It is usually not awarded in cases where the parties have equal income or earning power.

New Jersey recognizes four types of alimony that may be awarded upon a final judgment of divorce: open durational alimony, rehabilitative alimony, limited duration alimony, and reimbursement alimony. Open durational alimony replaced permanent alimony pursuant to the 2014 amendment to the alimony statute, which is awarded in long-term marriages of 20 years or more and results in alimony that is paid until the reasonable retirement age of the obligor.  Limited duration alimony is intended to address a dependent spouse’s need following a marriage that is less than 20 years in length where open durational or rehabilitative alimony would be inapplicable or inappropriate.  Rehabilitative alimony is a short-term award intended to provide financial support to a spouse while he or she reenters the workforce through training or education. Reimbursement alimony is awarded to a spouse who has made financial sacrifices, resulting a temporarily reduced standard of living, to allow the other spouse to secure an advanced degree or professional license.

Calculating Alimony in New Jersey: Understanding Statutory Factors

There is no formula for calculating alimony in New Jersey. Instead, family courts consider each case independently and base decisions on a consideration of the statutory factors set forth at N.J.S.A. 2A:34-23.

The New Jersey Alimony Statute at N.J.S.A 2A:34-23 provides:

In all actions brought for divorce, dissolution of a civil union, divorce from bed and board, legal separation from a partner in a civil union couple or nullity the court may award one or more of the following types of alimony: open durational alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either party. In so doing the court shall consider, but not be limited to, the following factors:

1. The actual need and ability of the parties to pay;
2. The duration of the marriage or civil union;
3. The age, physical and emotional health of the parties;
4. The standard of living established in the marriage or civil union and the likelihood that each party 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, educational levels, vocational skills, and employability of the parties;
6. The length of absence from the job market of the party seeking maintenance;
7. The parental responsibilities for the children;
8. 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, and the opportunity for future acquisitions of capital assets and income;
9. The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
10. The equitable distribution of property ordered and any 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 party through investment of any assets held by that party;
12. 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;
13. The nature, amount, and length of pendente lite support paid, if any; and
14. Any other factors which the court may deem relevant.

Over 25 Years of Experience Assisting Clients with Alimony and Spousal Support

Fraser Family Law Office advocates passionately for our clients, representing both paying spouses and spouses receiving support. We will help you understand the factors that commonly go into a support determination, including the duration of marriage, actual need, standard of living during the marriage, contributions to the marriage, and parental responsibilities for the children during the marriage, as well as the four different types of alimony permitted under state law. We then use our insights and extensive experience to devise a legal strategy that will best protect your interests and achieve your goals.

The outcome of an alimony award can be of great significance—to everyone involved. Trust us to work diligently, effectively, and intelligently to help you secure your financial future. Contact us online or call Fraser Family Law Office, LLC, 609-223-2099 to schedule an appointment with family law attorney Georgia Fraser, Esq.

Serving all of Central New Jersey: Mercer County (including Princeton, West Windsor, East Windsor, Lawrenceville, Hamilton Township, Trenton, Robbinsville, Hopewell Township, Pennington, and Hightstown), Somerset County, Hunterdon County, Middlesex County, Burlington County, Monmouth County and Ocean County.