Alimony and Spousal Support In New Jersey
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ALIMONY /
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 depend on your specific circumstances of your marriage. The types of alimony are:
Open Durational
Alimony
Typically limited to marriages of 20 or more years.
2.
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.)
3.
Rehabilitation Alimony
Alimony payments pending return to gainful employment or additional education or training towards securing gainful employment/becoming.
There are various types of spousal support that a Court can order that depend on your specific circumstances of your marriage. The types of alimony are:
The actual need and ability of the parties to pay
The duration of the marriage or civil union
The age, physical and emotional health of the parties
The earning capacities, educational levels, vocational skills, and employability of the parties
The length of absence from the job market of the party seeking maintenance
The parental responsibilities for the children
The income available to either party through investment of any assets held by that party
The nature, amount, and length of pendente lite support paid, if any.
The actual need and ability of the parties to payAny other factors which the court may deem relevant
The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other.
The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income
The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities
The duration of the marriage or civil unionThe equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair
In each case where the court is asked to make an award of alimony, the court shall consider and assess evidence with respect to all relevant statutory factors. If the court determines that certain factors are 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 purposes of equitable distribution, the court shall not consider income generated thereafter by that share for purposes of determining alimony.
c.In any case in which there is a request for an award of alimony, the court shall consider and make specific findings on the evidence about all of the statutory factors set forth in subsection b. of this section.
For any marriage or civil union 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.
ALIMONY SUBjECT TO MODifICATION
The Courts and case law further provide, that based on a party’s specific circumstances, alimony may be subject to modification based on a change of circumstances. This typically occurs after the divorce is entered based on a party’s’ loss of employment, retirement, or other circumstances that may create an additional need for an increase or reduction in in alimony based on your specific circumstances.
Lomberg Del Vescovo & Pollak, LLC can assist you in establishing an initial alimony amount and term based on a separation and divorce action that applies to your unique circumstances. Lomberg Del Vescovo & Pollak, LLC is further there to assist you in addressing an application for modification based on a change or circumstances since the entry of a Final Judgement of Divorce.
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