New Jersey Alimony / Spousal Support

New Jersey alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.

New Jersey spousal support is intended to preserve the economic status of both parties, as it existed during the marriage.

Types of Alimony Awarded in New Jersey

• Rehabilitative alimony is a short-term monetary award that allows a spouse to go back to school or obtain training to re-enter the workforce
• Limited duration alimony is awarded in cases of a short marriage when rehabilitative alimony doesn't apply but the circumstances of the divorce justify that one spouse receive some type of support
• Reimbursement alimony is awarded when one spouse makes a personal sacrifice so that the other spouse could receive professional or career training; this alimony is limited in nature, and may include of household expenses and the cost of the spouse's education
• Alimony pendent lite is awarded when a divorce is pending so that both parties can maintain their current standard of living until a final judgment is made
• Permanent alimony, which lasts for the duration of the obligor's lifetime. This is awarded when a marriage is at least 10 years in duration and one spouse has become economically dependent on the other. Permanent alimony permits the obligee to maintain the lifestyle to which she has become accustomed

• The actual need and ability of the parties to pay
• The duration of the marriage or civil union
• The age, physical and emotional health of the parties
• 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
• The earning capacities, educational levels, vocational skills, and employability of the parties;
• The length of absence from the job market of the party seeking maintenance
• The parental responsibilities for the children
• 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
• 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
• 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
• The income available to either party through investment of any assets held by that party
• 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
• Any other factors which the court may deem relevant

Modification of Alimony in New Jersey

According to NJ Statute 2A:34-23. Alimony, maintenance- An award of alimony for a limited duration may be modified based either upon changed circumstances, or upon the nonoccurrence of circumstances that the court found would occur at the time of the award. The court may modify the amount of such an award, but shall not modify the length of the term except in unusual circumstances.

New Jersey statutes regarding alimony can be found here: New Jersey statutes

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