Alimony FAQs

If you are like a good many people contemplating a New Jersey divorce, you undoubtedly have many questions. These very well may include questions about alimony. With that understood, we present for your consideration and reference these Alimony FAQs.

What Is Alimony in New Jersey?

New Jersey alimony is a court-ordered financial payment from one spouse to the other following a divorce. Keep in mind that the purpose of New Jersey alimony is not punishment. Rather, the intent behind alimony is economic fairness. Simply put, the objective is to assist a lower-earning or non-earning spouse maintain a reasonably comparable standard of living after a divorce is granted.

Does New Jersey Automatically Award Alimony in Every Divorce?

No. Despite some misconceptions otherwise, alimony is not automatic. New Jersey courts evaluate every divorce on a case-by-case basis to ascertain if alimony is appropriate. Generally speaking, the party seeking alimony in a New Jersey divorce must demonstrate a financial need and the other spouse’s ability to pay.

What Types of Alimony Exist in New Jersey?

A key matter among the Alimony FAQs is that New Jersey recognizes several forms of this type of support:

• Open Durational Alimony
• Limited Duration Alimony
• Rehabilitative Alimony
• Reimbursement Alimony

Each type serves a different purpose depending on the length of the marriage and the financial circumstances of the parties. We take a moment to explore each of these individually.

What Is Open Durational Alimony?

In the state of New Jersey, open durational alimony is typically utilized in cases in which marriages lasted 20 years or longer. Open durational alimony does not have a fixed end date. However, it can be modified or terminated upon significant changes in circumstances. These types of significant charges include:

• Retirement
• Remarriage
• Substantial income changes

Keep in mind that despite the name, open durational alimony is not automatically established for a lifetime.

What Is Limited Duration Alimony?

Limited duration alimony is indicated for marriages generally under 20 years of duration. This type of alimony lasts for a set period designed to help the recipient transition to financial independence. The duration is capped. With this limitation, the amount may still be modified if circumstances change, such as job loss or illness.

What Is Rehabilitative Alimony?

Rehabilitative alimony is designed to support a spouse while they acquire education, training, or work experience on the road to become self-supporting. The spouse seeking this type of financial support must present a specific rehabilitation plan, such as returning to school or obtaining professional certification.

What Is Reimbursement Alimony?

Reimbursement alimony compensates a spouse who supported the other through such endeavors as seeking advanced education or professional training. Examples of this type of education or training can include such things as law school or medical school. This type of alimony repays contributions already made rather than addressing future financial needs. As a result, reimbursement alimony oftentimes is awarded as a fixed amount.

How Do Courts Decide Whether to Award Alimony?

In considering alimony FAQs, New Jersey courts consider multiple statutory factors, including:

• Length of the marriage
• Age and health of both spouses
• Income and earning capacity
• Standard of living during the marriage
• Parental responsibilities
• Career sacrifices made during the marriage

In the grand scheme of things, in New Jersey, no single factor controls the outcome when it comes to alimony. A judge is called upon to weigh all relevant circumstances existing in a particular case.

How Is the Amount of Alimony Calculated?

In the Garden State, there is no fixed formula for calculating alimony. Rather, the law permits judges the ability to exercise discretion based on a consideration of a number of elements:

• Financial disclosures
• Budgets
• Statutory factors

This differs from determining or computing child support. Alimony is not determined by a statewide guideline worksheet as is the case with child support.

Is Alimony Taxable in New Jersey?

For divorces finalized after January 1, 2019, alimony is not tax-deductible for the payer and not considered taxable income for the recipient under federal law. Keep in mind that older alimony agreements may still be governed by prior tax laws unless modified.

In conclusion, these alimony FAQs are designed to provide you with basic information. If you have additional questions, or are in need of experienced legal assistance, contact the Law Offices of Peter Van Aulen at 201- 845-7400 for a free initial consultation.