Deciding on fair alimony in a New Jersey divorce is a critical step for both you and your former spouse. For the spouse receiving payments, it can be a vital lifeline. For the one making payments, it can be a source of financial stress.
Understanding the factors that determine alimony is crucial because it can directly affect your future. While spousal support payments are often part of a divorce agreement, they aren’t usually permanent, with some exceptions.
Types of spousal support
New Jersey courts can award different types of alimony to meet specific needs. These include:
- Temporary (pendente lite): This is support that one spouse provides to the other while the divorce case is ongoing.
- Open duration: This type of spousal support has largely replaced “permanent” alimony. It is awarded without a specific end date and is typically for marriages that lasted 20 years or longer.
- Rehabilitative: A court grants this to help a spouse get the job training or education needed to become financially independent.
- Limited duration: This option is designed for shorter-term marriages, providing support for a set period following divorce.
- Reimbursement: Judges award this type when one spouse supported the other through an advanced education, expecting to share in the future earnings.
In New Jersey, judges calculate alimony and child support separately. While each is a distinct award, the amount of child support can influence the amount of alimony, because judges also consider child support payments to evaluate the parties’ financial needs and ability to pay.
How courts determine alimony
Judges carefully review various factors when deciding on an alimony award. There’s no set formula, but courts consider what’s fair and reasonable for your specific situation. Here are some of the key points a judge will evaluate:
- The age, physical and emotional health of both spouses
- The length of your marriage
- The lifestyle you established during the marriage
- Both spouses’ earning potential and employment history
- Each person’s contribution to the marriage and their family
- Any parental duties
- The cost and time required for a spouse to get training to become employed
- How the division of assets affects each party’s financial future
A judge can also consider any other factors they feel are relevant to your case.
How long does alimony typically last?
Alimony ends on the date specified in the court order. For marriages under 20 years, payments usually do not last longer than the marriage itself. However, the court can make exceptions for extraordinary circumstances. An alimony award also ends automatically if the recipient gets remarried or enters a civil union. The death of the paying spouse also terminates the agreement.
Alimony can be complex, and it is vitally important for both the payer and payee to establish fair support payments. Seeking guidance from a skilled divorce lawyer can help you understand what to expect.