Alimony and Spousal Support In New Jersey
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ALIMONY and SPOUSAL SUPPORT
New Jersey Statute and case law provides for the payment of spousal support during the pendency of a divorce action (temporary alimony while the divorce is pending) and alimony upon the entry of the Final Judgment of Divorce. Alimony provides for both parties to a marriage with the ability to support themselves, given a division of the family income between the two households. This permits each party to plan their future and their ongoing support needs. Given the need for support, a creative process can be applied in considering alimony combined with other areas of a divorce action, including the division of marital assets in addressing and resolving each party’s support needs. Thoughtful planning and consideration of the statutory factors to your unique circumstances is required in determining the amount and term for alimony amount by all involved.
There are various types of spousal support that a Court can order that depends on your marriage’s specific circumstances. The types of alimony are:
Open Durational
Alimony
Typically limited to marriages of 20 or more years.
Limited Durational
Alimony
Alimony for a specific period. In marriages of less than 20 years, alimony shall not exceed the length of the marriage except in exceptional circumstances.
Rehabilitation Alimony
Alimony payments pending return to gainful employment or additional education or training towards securing gainful employment.
Alimony considers numerous factors. The Court is required to consider the fourteen statutory factors outlined in NJSA 2A:34- 23 as set forth below.
In each case where the Court enters an order for alimony, the Court shall consider and assess evidence concerning all relevant statutory factors. If the Court determines that certain factors are more relevant than others, the Court shall make specific written findings of fact and conclusions of law on the reasons why the Court reached that conclusion. No factor shall be elevated in importance over any other factor unless the Court finds otherwise, in which case the Court shall make specific written findings of fact and conclusions of law in that regard. When a share of a retirement benefit is treated as an asset for equitable distribution purposes, the Court shall not consider income generated thereafter by that share for purposes of determining alimony. For any marriage or civil union that is less than 20 years in duration, the total duration of alimony shall not, except in exceptional circumstances, exceed the length of the marriage or civil union.
Lomberg Del Vescovo & Pollak, LLC can help you establish an alimony amount and term based on a separation and divorce action that applies to your unique circumstances.
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