Alimony, also known as spousal support, plays a major role in divorce cases. It offers financial stability to one spouse after the end of a marriage.
New Jersey has strict alimony requirements that can affect how much support the court awards and for how long.Â
If you’re navigating the intricacies of divorce in New Jersey, understanding the nuances of alimony is essential.
Whether you need spousal support or want to avoid paying it, the alimony attorneys at Weiner Law are ready to help you through this process. Contact us today to share your story.
Alimony Explained
Under New Jersey law, alimony refers to the financial support one spouse may need to provide to the other after a divorce or separation.
This support assists the dependent spouse in maintaining a reasonable standard of living. The court determines a reasonable standard of living based on the spouse’s lifestyle during the marriage.
Spousal support is because one spouse often depends on the other financially during marriage. For example, a parent might give up their career to stay home and care for their children.
If the couple divorces 10 years later, the stay-at-home spouse will not have a career or financial assets to support themself.
The court might award alimony in this case to help the spouse maintain their lifestyle after the divorce or give them time to become financially self-sufficient.Â
Types of Alimony
New Jersey recognizes several types of alimony, each tailored to specific circumstances.
Pendente Lite Alimony
Pendente lite comes from the Latin for “during litigation.” It refers to a temporary form of financial support awarded to a spouse during the divorce process in New Jersey.
It aims to maintain the financial stability and marital lifestyle of both parties until the divorce is complete.
Limited Duration Alimony
Limited duration support is for marriages where one spouse requires financial support for a defined period after divorce.
The court often awards this support for short- to medium-term marriages where one spouse is temporarily dependent on another. The limited duration alimony gives the dependent spouse funds to maintain their life until they can provide for themself.Â
Open Duration Alimony
Open duration alimony does not have a definite end date. It offers a lifetime of support, making it suitable for marriages that have lasted 20 years or more.
Dependent spouses in these marriages usually lack opportunities to earn income or gain assets. By the time the divorce occurs, the spouse will not likely ever be able to support themself to maintain their former lifestyle.Â
Unlike other alimony types, open duration alimony continues until the paying spouse reaches retirement age or there is a significant change in circumstances.
Rehabilitative Alimony
Rehabilitative alimony offers temporary support to a spouse before they can support themself. The court often awards it when a spouse needs education or training to gain new employment skills or restart a career following the divorce.
The dependent spouse should become self-sufficient within a reasonable period.Â
Reimbursement Alimony
Reimbursement alimony reimburses a spouse for contributions or sacrifices made during the marriage that benefited the other spouse’s career advancement or education.
Unlike other forms of alimony, reimbursement alimony is not intended to support ongoing needs. Instead, it provides compensation for investments that helped the other spouse earn more.Â
Determining How Much Alimony to Award
In New Jersey, the decision to award alimony is assessed on a need basis. It’s not guaranteed in every case.
The court doesn’t use a specific formula to calculate alimony. There isn’t an official New Jersey alimony calculator that judges use. Instead, the court evaluates the request for alimony by considering a series of statutory factors.
It uses broad discretion to arrive at a fair and just determination based on the unique circumstances of each case.Â
Alimony attorneys will provide evidence related to the following factors to help the court make its determination.
Actual Need and Ability to Pay
The court evaluates the financial needs of both parties and their ability to meet those needs. The supporting spouse’s ability to pay factors into the alimony calculation.
Duration of Marriage
Alimony is more likely to be awarded for long-term marriages. The wedding date is usually when the marriage begins. The default marriage end date, for alimony purposes, is the date a party files for divorce.
However, the court may consider a different date based on the parties’ individual circumstances. For example, courts sometimes determine that a marriage ends when the couple permanently separates.Â
Determining the end date of a marriage is an important and sometimes contentious aspect of divorce. Imagine a couple that is married for 19 years and separates for one year.
After that year, one spouse files for divorce. If the court finds that the couple was married for 19 years, the dependent spouse will receive limited duration alimony.
But if the court finds they were married for 20 years, the dependent spouse will receive open duration alimony.
Age and Health of Each Party
The physical and emotional health of both spouses are taken into account. For example, a young, healthy individual will likely be able to become self-sufficient, so the court might award rehabilitative support.
Standard of Living During Marriage
Courts usually define standards of living as modest, average, or lavish. The judge will strive to award support so a spouse can continue to live the lifestyle they had during marriage.
Earning Capacities
Earning capacity differs from actual income. The court awards alimony based on each spouse’s earning potential. If a spouse chooses to work a lower-paying job but can make more, the court may award alimony based on the higher-paying potential.
Time Out of the Workforce
Many spouses leave their careers to stay at home. Courts seek to ensure that these spouses have the support needed to maintain their lifestyle after such a long employment gap.
Parental Responsibilities
Courts understand that raising children can take up much of a spouse’s time. This may impact their ability to work, increasing their need for support.
Time and Cost to Acquire Sufficient Education
The court will look at this in two ways. First, it will consider if one person acquired a degree during marriage with the support of their spouse. Second, it will consider if a dependent spouse needs education after the divorce to become self-sufficient.
Contributions to Marriage
Financial and non-financial contributions, such as homemaking and raising children, factor into the alimony award.
Equitable Distribution
A court will look at all the property the lesser-earning spouse received in the divorce and the extent to which it might help them support themself.
For example, if the spouse was awarded a rental property in the divorce that could produce income, that may be weighed against that spouse’s need.
Income and Assets
Income from assets or investments can help the court calculate how much a spouse can pay in support and how much support a dependent spouse needs.
Tax Consequences
Judges take into account the tax implications of alimony awards for each party in calculating the appropriate amount of alimony.
Existing Pendente Lite Support
If a spouse is receiving pendente lite alimony during the litigation, the court will assess if this temporary support has been enough to cover their costs.
Other Relevant Factors
The court can also consider any other factors that demonstrate a person’s ability to pay or inability to support themself.
How to Terminate Alimony
New Jersey alimony laws set out that temporary alimony can’t last longer than the couple’s marriage. If a couple was married for five years, the dependent spouse could receive alimony for only five years.
Open duration alimony typically lasts until the supporting spouse reaches their regular retirement age. That said, the supporting spouse can show that paying alimony is no longer justified prior to that date due to a change in circumstances.
If so, the court may end the alimony or reduce how much the supporting spouse pays each month.
Common changes in circumstances include:
- The dependent spouse remarries;
- The dependent spouse is cohabitating with someone; or
- The supporting spouse has become disabled.
The supporting spouse has the burden of proving these changes warrant the termination or reduction in support.
New Jersey Divorce and Alimony Statistics
New Jersey has one of the lowest divorce rates in the United States, with only 2.5 divorces for every 1,000 people living in the state. However, the U.S. Census Bureau reports that nearly 35% of all Americans who divorced in 2021 were age 55 or older.
Divorces within this age group are likely among those who have been married for at least 20 years. Any New Jersians considering divorce after a long marriage should prepare for open duration alimony to be an issue during the process.
How Can an Alimony Attorney Help?
An alimony attorney will provide all the services you need during the litigation. They will begin by providing advice, reviewing evidence, and drafting legal papers.
After this, your attorney will represent you in negotiations, mediation, and court proceedings. Their expertise helps you understand your options and increases the likelihood of achieving a favorable outcome in your alimony case.
How Much Does an Alimony Attorney Cost?
Alimony attorneys will charge a range of fees depending on the circumstances of your case. There is no one-size-fits-all approach to demanding alimony or defending against a demand for alimony.
Speaking with a family law attorney about your situation is the only way to know the expected legal costs. Â
Schedule a Call with Weiner Law
Work with an alimony lawyer in New Jersey who will understand the delicate nature of your situation. Our alimony attorneys have decades of experience litigating divorce and alimony cases.
They know how to represent your needs best and how to protect your interests. Contact us to see why our attorneys have earned awards and honors like “Family Lawyer of the Year” and “Best Lawyers for Families.”