Family Law | Alimony

The awarding of alimony payments pursuant to a New Jersey divorce action, and their amount and duration, are determined by reference to a number of statutory considerations. Principally, New Jersey alimony arrangements aim to maintain the standard of living enjoyed by the parties during the course of the marriage. Specifically, the purpose of alimony in New Jersey is to provide the dependent spouse with a level of financial support necessary to maintain the standard of living to which that spouse was accustomed to during the marriage.

There are different types of alimony in New Jersey. A family law judge may award reimbursement alimony, rehabilitative alimony, limited duration alimony, and permanent alimony.

In determining whether alimony is appropriate in a particular case, and, if so, which type of alimony is appropriate, a New Jersey family law court is required to consider the following statutory factors as set forth in New Jersey Statute 2A:34-23(b):

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;
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; and
13. Any other factors which the court may deem relevant.

To learn more about how the law firm of Villani & DeLuca, P.C. can help you with your Alimony or Family Law issues in New Jersey please contact us or call 732.965.3350 today and speak with Vincent C. DeLuca, Esq. We represent families throughout Ocean County and Monmouth County, New Jersey and provide a free consultation.