An allowance for support made under court order to a divorced person by the former spouse, to a divorced person by the former spouse, usually the chief provider during the marriage. Alimony may also be granted without a divorce, as between legally separated persons.
- No party has a legal right to alimony.
- Alimony is not determined by a pre-set formula.
Types Of Alimony
- Awarded to compensate a spouse (husband or wife) for an economic dependence created by a marriage
- Intended to allow supported spouse (husband or wife) after the divorce to live a lifestyle similar to the lifestyle during the marriage
- Marriage at least (10) years in length
- Temporary support
- Allows former spouse to return to school, or to obtain job training so he/she can re-enter the work force
Limited Duration Alimony (Term Alimony)
- Awarded when the marriage is short
- Recognizes financial contributions a spouse has made to the professional training or career enhancement of the other spouse
- Contributions ordinarily educational costs but could also be payment of household expenses
Alimony Pendente Lite (Pending The Divorce)
- Entered by court during divorce proceedings
- Only temporary
- Either party can ask for Pendente Lite support
- Enables the parties to maintain “status quo” until financial affairs can be fully examined
In determining the amount and duration of alimony payments between spouses, the Court will take into consideration the following factors in accordance with N.J.S.A. 2A:34-23(b)
- The actual need and ability of the parties to pay.
- The duration of the marriage.
- The parties’ age, physical and emotional health.
- The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living.
- The earning capacities, educational levels, vocational skills, and employability of the parties.
- The length of absence from the job market of the party seeking maintenance.
- The parental responsibilities for the children.
- The time and expenses necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the opportunity for future acquisitions of capital assets and income.
- 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.
- The equitable distribution of property and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair.
- The income available to either party through investment of any assets held by that party.
- The tax treatment and consequences to both of any alimony award including the designation of all or a portion of the payment as a non-taxable payment.
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