At The Law Office of Rachel S. Cotrino, our lawyers handle claims for spousal support, otherwise known as alimony. As experienced New Jersey divorce lawyers, we know that spousal support is among the most hotly contested disputes in many divorce cases. Typically, one spouse wants and needs alimony while the other spouse does not want to pay. Whether you are paying or receiving spousal support, the amount of alimony can impact the quality of your new life and your financial standing for many years. If you are going through a divorce in New Jersey, then the information below will help you get a better understanding of the laws and the issues involved regarding spousal support. Continue reading and contact a Mercer County alimony lawyer from our firm today.
What is Alimony in New Jersey?
In New Jersey, alimony is an amount of money one spouse pays to the other during a marital separation, ongoing divorce, or after the final decree of divorce. Spousal support can also apply during or after the dissolution of a civil union or same-sex marriage. In some cases, unmarried couples may also need to pay/receive alimony in New Jersey. The general purposes of alimony are:
- Maintaining a lifestyle as similar as possible to the lifestyle the couple enjoyed together during marriage, and
- Balancing the divorce’s economic consequences to prevent these consequences from disproportionately impacting either spouse.
How is Alimony Calculated in New Jersey?
In New Jersey, there is no mathematical formula for calculating the appropriate amount and the duration of spousal support. Every couple’s situation is unique. Therefore, the court decides alimony based on various factors listed in NJSA 2A:34-23b. According to NJSA 2A:34-23b, in all actions brought for divorce, dissolution of a civil union, divorce from bed and board, legal separation from a partner in a civil union couple, or nullity, the court may award one or more of the following types of alimony: open durational alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either party. In so doing, the court shall consider, but not be limited to, the following factors:
- Each party’s financial need and their ability to provide support;
- The length of the marriage or civil union;
- The age of each party, along with their physical and emotional condition;
- The lifestyle established during the marriage or civil union, and whether each party can reasonably maintain a similar standard of living, recognizing that neither party has a greater right to that standard than the other;
- Each party’s earning potential, education, job skills, and overall employability;
- How long the party requesting support has been out of the workforce;
- Each party’s responsibilities in caring for the children;
- The time and cost required for the supported party to obtain education or training needed for suitable employment, as well as the availability of those opportunities and their ability to build future income or assets;
- The financial and non-financial contributions made by each party during the marriage or civil union, including childcare, education of the children, and any sacrifices involving career or education;
- The division of marital property, including any payments being made as part of that division, to the extent it is fair and reasonable;
- Any income either party may earn from investments or assets they own;
- The tax implications of any alimony award for both parties, including whether any portion may be treated as non-taxable;
- Any temporary support that was paid while the case was pending;
- Any additional factors the court finds important in reaching a fair decision.
By taking into account these factors, the court tries to help both parties maintain a standard of living comparable to that which they had while together. For example, if the earning power of both parties is equal, then no alimony may be needed. However, if one spouse gave up their career to stay home with children, that spouse may be entitled to a lengthier alimony term.
Modification of Spousal Support in New Jersey
Some of the factors a court will consider when deciding whether to terminate or modify a Spousal Support obligation include:
- Remarriage of the Supported Spouse: If the supported spouse remarries, this will typically result in the termination of alimony, as financial support is no longer considered necessary in the same way.
- Cohabitation of the Supported Spouse: If the supported spouse is living with a new partner in a relationship that resembles a marriage, the court may review whether that arrangement reduces or eliminates the need for continued support.
- Retirement or Permanent Disability of the Supporting Spouse: If the supporting spouse retires in good faith or becomes permanently disabled, the court may consider whether they still have the ability to continue making support payments.
- A Substantial and Permanent Increase/Decrease in the Income of the Parties: A meaningful change in either party’s financial circumstances, whether an increase or decrease in income, may justify a modification of the existing support order.
- Extensive Unemployment by One or Both of the Parties: If either party experiences long-term unemployment, the court may evaluate whether that change impacts the fairness or feasibility of the current support arrangement.
This is not an exhaustive list of all the factors the Court will consider. The Court’s determination is typically done on a case-by-case basis. We urge you to contact an alimony lawyer from our firm today to determine if the spousal support obligation in your matter needs to be modified.
Contact an Alimony Lawyer in Mercer County Today
Our divorce attorneys exclusively practice family law in New Jersey. We have handled countless cases involving issues of spousal support. Let us help you. Contact a skilled alimony lawyer from the Law Office of Rachel S. Cotrino, LLC for an initial consultation today so we can begin forming a comprehensive strategy on your behalf.
