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New Jersey Alimony
Alimony

There are no specific alimony calculators or guidelines for support in New Jersey. The court garnishes its decisions with discretion and then decides.

In New Jersey alimony influences the distribution of property, and it can become intricately involved in a divorce settlement. When spouses are unable to reach an agreement on this issue, the Superior Court can order support on a case-by-case basis.

Some types of alimony may be modified. For example, if there is a change in circumstances, such as a reduction in the payor’s income or an elimination of the recipient’s need, the court may modify limited-duration alimony and rehabilitative alimony. This happens when the court makes an order based on an assumption that something else would happen. For example, if the recipient was not rehabilitated within the expected time, the court can change the initial order.

If the recipient remarries or enters into a New Jersey civil union, the other spouse must be informed and alimony payments can be stopped. (However, the supporting spouse must still pay any arrearages that have accumulated.) Remarriage only terminates limited duration and permanent alimony. Rehabilitative and reimbursement alimony will continue even if the dependent spouse remarries or enters into a civil union, unless the judge orders otherwise.

The death of either spouse terminates all alimony.

Types of Alimony

New Jersey grants four types of alimony: limited duration alimony, permanent alimony, rehabilitative alimony and reimbursement alimony. Here is how each works:

  • limited duration alimony, which is based on financial need, for example, as long as it takes a person to become self-supporting;
  • permanent alimony, which goes to a spouse who gave up career or education opportunities in order to care for a family, or to further a spouse’s education or career;
  • rehabilitative alimony, which goes to the spouse who must submit to the court the steps to be taken for rehabilitation, the time frame, and a period of employment to occur during the rehabilitation period; and
  • reimbursement alimony, which compensates a spouse who supported the other spouse through advanced education, and who expected to enjoy the fruits of that labor but was not able to because of the divorce or legal separation.

Factors Considered by the Court

Alimony In New Jersey is discretionary. According to New Jersey Statutes - Title 2 A - Chapters: 34-23, in deciding a support award the court considers:

  • the actual needs and the ability of a party to pay;
  • the length of the marriage;
  • the age and health condition of each of the parties;
  • the standard of living established while married;
  • the earning capacities of the parties, as well as the education level, job training, and skills;
  • the length of absence from the job market of the party seeking maintenance;
  • the parental role of each party;
  • the time and expense necessary to acquire sufficient education or training to become self-supporting;
  • the participation each spouse had in the acquisition of marital assets;
  • the property award;
  • any income producing assets;
  • the consequences to both parties; and
  • any other factors which the court may deem relevant.

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