Alimony, Spousal Support, and Separate Maintenance

When deciding whether or not to enter an award of alimony, spousal support, or separate maintenance, the New Jersey Courts consider numerous factors.

New Jersey Alimony and Spousal Support Lawyers

In all actions brought for divorce, dissolution of a civil union, divorce from bed and board or legal separation from a partner in a civil union, the Court may award one or more of the following types of alimony to either party: open durational alimony (formerly known as permanent alimony), rehabilitative alimony, limited duration alimony, or reimbursement alimony. The Court weighs and considers the following factors:

  • the actual need and ability of the parties to pay;
  • the duration of the marriage or civil union;
  • the age, physical and emotional health of the parties;
  • the standard of living established in the marriage or civil union 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 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;
  • the history of the financial or non-financial contributions to the marriage or civil union 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 ordered 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 parties of an alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
  • any other factors which the Court may deem relevant.

The specific type, or types, and the amount of alimony ordered is determined after the Court undertakes an analysis of all the foregoing factors.

Unlike the child support award, there are no presumptive guidelines used by the Court to establish an alimony amount.  Despite what you may have heard, the Court does not apply a formula when determining alimony.  You will feel confident in our analysis and assistance when discussing:  How much alimony will I have to pay? Or how much alimony will I receive?

Changes in the New Jersey alimony law have impacted the modification or termination of support in the event of cohabitation or retirement.  Whether you need assistance in filing or responding to a motion to reduce or terminate alimony, we will work with you to gather all the information necessary to prepare and present your best case to the Court. Our experienced Alimony attorneys are available to handle cases in Middlesex County, Monmouth County, Ocean County, Mercer County, Union County, Somerset County, Hudson County, Essex County, Morris County, and Hunterdon County.

It is absolutely essential that you retain the services of an attorney who is well-versed in this area of family law in order to effectively and successfully argue a case involving the establishment, modification, or enforcement of an alimony, spousal support, or separate maintenance award. The Alimony and Spousal Support attorneys at Hoagland Longo have years of experience in mediating, arbitrating, litigating and resolving these issues through the collaborative process and are able to effectively steer through the courts and laws on your behalf.

Contact our New Brunswick or Red Bank office today to speak with our experienced New Jersey Alimony attorneys today.  Call 732-545-4717 to schedule a free consultation.