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New Jersey Divorce Related issues
(provided by Theodore Sliwinski, Esq.)
Alimony
Alimony is usually the key issue in divorces that prevent the parties from reaching a speedy settlement. To be blunt, men hate paying alimony. Alimony is defined as the allowance for support paid by one spouse to the economically dependent spouse. The amount and the duration of the alimony are based on a variety of factors, and the overall purpose of the particular alimony award. There are twelve factors for a court to assess if alimony is awarded, the length of alimony, and the amount of alimony. The following 12 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, 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 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 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; and
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.
13. Any other factors which the court may deem relevant
As factor #13 indicates, this list is not meant to be exhaustive.
Factor 13, allows a judge to consider any other relevant factor to assist the court to fashion a fair
alimony award. Moreover, even thought the alimony statute identifies four types of alimony,
judges may carve out alimony awards which do not necessarily fit neatly into anyone category.
Types of Alimony in New Jersey
Permanent Alimony
Permanent alimony is intended to compensate a spouse for an economic dependence created by the marriage. The purpose of permanent alimony 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, the courts will entertain an award of permanent alimony. The courts will not consider a permanent alimony request unless the marriage was at least ten years long. The trend is now for limited duration alimony.
Rehabilitative Alimony
The main difference between rehabilitative and permanent alimony is the temporary nature of rehabilitative alimony. Rehabilitation alimony is a short-term award. This type of alimony enables the former spouse to go back to school, or obtain some type of job training that will enable him or her to re-enter the work force. In many cases, rehabilitative alimony will consist of the husband-spouse paying for the college tuition or the job training expenses for their ex-wife.
Limited Duration Alimony
Limited duration alimony, sometimes called "term alimony" is an award of alimony of a limited duration. Limited duration alimony is often awarded when the marriage was a short one. Moreover, in a limited alimony case, a rehabilitative alimony award is inapplicable, but the circumstances of the case 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. Therefore, one spouse has made financial and professional sacrifices and thereby enhancing that spouse's future earning capacity. These contributions may consist of household expenses and educational costs and the award is usually limited in nature.
Alimony pendente lite
While a divorce is pending, either party may ask the court for an award of temporary support or alimony. An award of temporary alimony will enable the parties to maintain the "status quo" between them, until a full analysis of their financial affairs may be completed. Pendente lite alimony awards are only temporary. These awards of alimony can be increased or decreased via a settlement, or at trial if necessary.
Other
The courts in New Jersey are not limited by the statutory categories of alimony. They may, in the interest of a just result, give out awards that combine the various categories, or are outside the statutory definition altogether.
Information provided by:
Theodore Sliwinski, Esq. located at
http://www.divorcecenterofnj.com
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