Alimony Considerations in New Jersey Divorce Cases

The purpose of alimony is to assist a supported spouse in achieving a lifestyle that is reasonably comparable to the lifestyle enjoyed by the parties during the marriage. A Court must consider the following factors when determining whether alimony is appropriate and which of the four types (open durational, limited durational, rehabilitative, and reimbursement) of alimony to award:

• The actual need and ability of the parties to pay;
• The duration of the marriage;
• The age and health of the parties;
• The standard of living established in the marriage 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;
• Parental responsibilities;
• The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
• The history of the financial or non-financial contributions to the marriage;
• Equitable distribution of property;
• Income available to either party through investments;
• Tax treatment and consequences of any alimony award;
• Support paid during the divorce proceedings; and
• Any other factors which may be relevant.

New Jersey Courts will analyze each matter on a case-by-case basis considering the totality of the circumstances in deciding: (1) whether alimony is appropriate; (2) the type of alimony that is appropriate; and (3) the duration/amount of alimony. If you have any questions regarding this blog, please contact me.