During and after a divorce, a spouse may need financial support from the other. This is known as alimony. There are different types of alimony including open durational alimony, limited duration alimony, reimbursement alimony, and rehabilitative alimony. A spouse may also be required to pay pendente lite alimony, which means alimony payments made during the divorce proceedings.
In making a determination of alimony, the court considers various statutory factors, including:
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, with neither party having a greater entitlement to that standard of living than the other;
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;
The nature, amount, and length of pendente lite support paid, if any; and
Any other factors which the court may deem relevant.
The application of these factors is very fact sensitive. Typically, the two most important factors are the length of the marriage and the difference in incomes of the parties. Determining the amount and duration of alimony, if any, can be complex. There are no set guidelines or formulas in the State of New Jersey to compute alimony. It is important to consult with an experienced family law attorney who will understand how to apply the alimony factors and relevant case law to your particular matter.