NJ Alimony Considerations

In determining alimony in New Jersey, the Family Court judge assigned to your case must evaluate two important issues. First, what is the fair amount of alimony? Second, for how long should the alimony payments be made?

In making this determination, the judge is required to consider thirteen factors as outlined in the New Jersey alimony statute. These factors include, but are not limited to, the income level and health of the people involved, the duration of the marriage, parental responsibilities, and more.

Every marriage is unique and involves various factors that are not replicated in other cases. It is for this reason that New Jersey has not adopted a formulaic approach to calculating alimony awards.

Since New Jersey has yet to adopt a formulated approach to determining alimony, there is no definitive answer to the question of how alimony is calculated. A trained mediator or experienced matrimonial law attorney will be able to give you some insight into how a judge would assess the statutory factors and how they relate to the specific facts of your case.

Judges May Weigh Factors Differently

Different judges weigh certain factors in the alimony statute more heavily than others. For instance, a judge may consider the ability to pay on behalf of the paying spouse and the need on behalf of the payee spouse as the most relevant factors, analyzing those two with more scrutiny than others.

As a result of the subjective nature of alimony, you must retain a divorce lawyer who is experienced in this area of the law and has some familiarity with the judge assigned to your case. A divorce lawyer who has appeared before that judge on multiple occasions may be able to provide insight into how to best present or defend the alimony aspect of your case.

Types of Alimony in New Jersey

There are four types of alimony awarded by the courts in New Jersey. Below is a description of each.

• Permanent alimony – is most often awarded in long-term marriages, generally those in excess of fifteen to twenty years. It remains in effect until the paying spouse retires at a reasonable retirement age. In certain instances, the duration of an alimony award can exceed the duration of the marriage itself.
  If you have been married for a long period of time, the duration of your alimony payments may be one of the most crucial aspects of your divorce case. You must have a thorough understanding of permanent alimony and how best to either assert your entitlement to receive it or argue that you should not be obligated to pay it.
• Limited duration alimony – is awarded for a specific period of time with a definitive end date. It is often used in marriages of short or mid-term duration and is awarded when permanent alimony would not be deemed appropriate.
• Rehabilitative alimony – is designed to assist the payee spouse in reintegrating into the workforce. It is typically awarded when the individual is in the process of attending a professional program such as nursing school.
  The expectation is that the need for alimony will end at some point in the foreseeable future. However, rehabilitative alimony can carry risk for the paying spouse, as the anticipated rehabilitative event does not always occur, which may warrant an extension of the alimony term. If you are the payor, it is important to carefully consider the implications of the rehabilitative term being extended.
• Reimbursement alimony – is the least common type of alimony granted in New Jersey. It is typically awarded in situations where one spouse paid for the other spouse's education and may be entitled to compensation as a result.

Call Villani & DeLuca About Your Alimony Concerns

If you have any questions about alimony or are considering filing for divorce in New Jersey, please contact the attorneys at Villani & DeLuca. Our firm has three attorneys who solely practice in the area of family and divorce law, with a combined experience of over forty-five years.

Villani & DeLuca's main office is conveniently located in Point Pleasant Beach, New Jersey.

Call (732) 709-7757 today for your free initial consultation. One of our divorce lawyers will answer all of your questions about alimony.

If you would like to review more commonly asked alimony questions, visit our New Jersey Alimony Frequently Asked Questions page.

Related Articles:

Effect of Retirement on Alimony Payments in NJ

Alimony and Taxation in NJ Divorce Actions

The Basics of Modifiable and Non-Modifiable Alimony

NJ Divorce Lawyer: Understanding How Alimony in NJ is Determined

NJ Family Law Attorney Explains Reimbursement Alimony

Enforcing Alimony Payments in NJ

Can Alimony Be Reversed in NJ?

NJ Statute: 2A:34-23b. Alimony factors.

NJ Statute: 2A:34-23. Alimony, maintenance.