Wilson Family Law LLC, 667 Shunpike Road, Suite 5, Chatham, NJ 07928
Alimony
Alimony is the payment of support to a former spouse. New Jersey alimony is governed by N.J.S.A. 2A:34-23. This statute was amended in 2014 and is still often referred to as the “new” alimony statute.
Under New Jersey alimony law, the court may award one or more of the following types of alimony, either alone or in combination:
- Open durational alimony (formerly called “permanent alimony”);
- Rehabilitative alimony;
- Limited duration alimony; and/or
- Reimbursement alimony.
When determining whether and how to award alimony in New Jersey, the Court must consider the following fourteen factors:
- 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 that 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 pendent lite support paid, if any; and
- Any other factors which the court may deem relevant.
The “new” statute requires the court to give the factors equal weight unless the court has reason to weigh one factor more heavily than another. In this happens, the court must make specific written findings of fact and conclusions of law in that regard, meaning the court must explain its rationale
Generally, alimony terminates when the recipient remarries, either party dies, or on a specific date set by the court or by the parties in an agreement. Also, the court can terminate or suspend alimony if the payee cohabits with another person.
When negotiating a settlement agreement, parties can determine the modifiability of their alimony depending on their circumstances. Either or both parties can waive their interest in receiving alimony, or they can agree that the alimony amount and/or length cannot be modified under any circumstances.
Alimony can be paid directly to the recipient or paid through the Probation Department.
There are no guidelines for alimony. It is very fact-sensitive and is different in every case. Wilson Family Law LLC can answer the questions you have about alimony as it applies in your case.
