NJ Family Law - Alimony

 

 

Alimony - General

Alimony is defined as the allowance for support paid by one spouse to the economically dependent spouse. The amount and duration of the alimony will be based on a variety of factors and the overall purpose of the particular alimony award. The following 13 factors are listed in the alimony statute, N.J.S.A. 2A:34-23(b):

1. The actual need and ability of the parties to pay;
2. The duration of the marriage;
3. The age and physical and emotional health of the parties;
4. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
5. The earning capacities, educational levels, vocational skills, and employability of the parties;
6. The length of absence from the job market of the party seeking alimony or maintenance;
7. The parental responsibilities for the children;
8. The time and expense necessary to acquire sufficient education or training to enable the party seeking alimony or maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
9. The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
10. The equitable distribution of property ordered and any pay outs on equitable distribution out of current income to the extent this consideration is reasonable, just, and fair;
11. The income available to either party through investment of any assets held by that party;
12. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
13. Any other factors which the court may deem relevant.

As factor #13 indicates, this list is not meant to be complete. Similarly, while the statute identifies four types of alimony, judges may carve out alimony awards that do not necessarily fit neatly into any one category.

Permanent Alimony

In contrast to all other forms of alimony recognized by statute, permanent alimony does not limit the duration of the award. Permanent alimony is intended to compensate a spouse for an economic dependence created by the marriage. Its purpose is to allow the supported spouse, after the divorce, to continue to live in the lifestyle to which he or she had been accustomed during the marriage to the degree possible. Usually, when the marriage was of long duration and economic need is also demonstrated, courts will entertain an award of permanent alimony.

Rehabilitative Alimony

The main difference between rehabilitative and permanent alimony is the temporary nature of rehabilitative alimony. It is a short term award, which enables the former spouse to complete the preparation necessary to become economically capable of addressing his/her own support needs.

Limited Duration Alimony

Limited duration alimony, sometimes called "term alimony" is an award of alimony of a limited time period. It is often awarded when the marriage was of short duration or where rehabilitative alimony is inapplicable but circumstances justify some award of financial support.

Reimbursement Alimony

A reimbursement alimony award recognizes the financial contributions a spouse has made to the professional training or career development of the other spouse, thereby enhancing the other spouse's future earning capacity. Such contributions may consist of household expenses and educational costs. The award is usually limited in nature.

Alimony pendent lite

During the course or pendency of a divorce, either party may ask the court for an award of temporary support. These awards are a means for maintaining the financial "status quo" between the parties until a full analysis of their financial affairs may be completed. By its nature, pendente lite relief is intended to be limited since it exists only so long as the litigation is pending.

Other

Judges in New Jersey are not limited by the statutory categories of alimony. They may, in the interest of a just result, conceive of awards that combine the various categories or are outside the statutory definition altogether.

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