Have you been considering getting a divorce from your "not so better" half? With divorce comes the problem of assessing how much alimony you are liable to pay or how much you are supposed to get.

For the residents of New Jersey, there are no alimony calculators or guidelines for support, since the decision is taken by the court. Thus, it is important to spend a few hours trying to understand of the types of alimony as well as what the court considers when making its decision. In fact, once the alimony has been determined by the court, making modifications to the same may be a long and complex process. Modifications would depend on the type of alimony as well as the presence of any conditions restricting modification will need to be considered.

Factors Considered by the Court to Determine Alimony

Before we get to that, it is essential to know that a marriage can be dissolved in New Jersey only if both the parties have been living in the state for at least a year before filing for divorce. Moreover, knowing the facts is merely the first step. In order to leverage them to the best of your advantage, it is a good idea to seek answers from an experienced divorce attorney of an acclaimed law firm.

Under N.J.S.A. 2A:34-23 fourteen factors are analyzed before determining alimony. The most important factors that are considered by the court in order to determine the alimony are:
  • The length of your marriage
  • The established standard of living while your marriage lasted
  • Health and age of each partner
  • Parental role of each party
  • Any income producing assets or property award
  • The participation of each party in the acquisition of material assets
  • The earning capacity of both parties (education, skills and job training)
  • The actual need and ability of a party to pay

Different Types of Alimony

There are four distinct types of alimony in New Jersey:
  • Limited duration alimony

    This is based on financial need and lasts as long as a person becomes self-supporting.
  • Permanent alimony

    This is applicable in case one of the partners had to forego opportunities to advance his/her career or education in order to take care of the family. This could also be applicable if one partner's career suffered so that the other could further his career. Moreover, this type of alimony is applicable only for the annulment of long marriages.
  • Rehabilitative alimony

    This is given to support one of the partners to get back into a stable career. One needs to submit in court the timeframe, period of employment and steps to be taken during the rehabilitation period.
  • Reimbursement alimony

    This provides compensation to the spouse who supported his/her partner through advanced education and was expected to gain from the fruits of labor but cannot due to legal separation.
An established divorce attorney in New Jersey would be able to help you become aware of what the formalities are and also to set the terms in your favor.
Divorce & Family Law
  1. New Jersey