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• The actual need of the dependent spouse;

• The ability of the supporting spouse to pay;

• The standard of living established in the marriage;

• The duration/length of the marriage.

• Support paid during the pendente lite period (the period from date of                            

 complaint to date of divorce)

• The age and health condition of each of the parties;

• The earning capacities of the parties, as well as the education level,  

  job training, and skills;

• The impact of the need for separate residences for each;

• The increase in living expenses of both parties and its effect on their

 attaining their reasonably comparable standard of living each enjoyed

 during the marriage/civil union;

• The fact that each party has equal right to have standard of living;

• 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 (key for rehabilitative alimony);

• The participation each spouse had in the acquisition of marital assets;

• The property award;

• Any income producing assets;

• The consequences and changed circumstances of both parties;

• Any other factors which the court may deem relevant. (New Jersey

 Statutes - Title 2 A - Chapters: 34-23)

 

Factors In Determining The Amount And Duration Of

Spousal Support/Alimony

The new statute specifies that support paid during the pendente lite period is to be considered in the award of alimony for the post-divorce period.  Previously, in my opinion, such consideration varied from Judge to Judge and often no consideration for support paid during the pendente lite period was given.  While the alimony statute does not provide that there should be a dollar for dollar credit for support paid during the pendente lite period, it is my experience that the period of time over which pendent lite support was paid is now often subtracted from the post-divorce alimony length.  On the other hand, alimony is more often awarded for short-term marriages (in my opinion, less than 4 years) for the full length of the marriage, even when previously no alimony would be payable.

 

Second, the new statute clarifies “normal retirement” as the age the person is entitled to full social security (currently ages 66 to 67 years old).  Often, it is now possible to negotiate the end of the durational alimony as the normal retirement age.  If this is not in the negotiated agreement, the payor has to go back to Court. However, the payor will have the assumption specified in the new statute to help him/her.

 

Although there is no formula for alimony in New Jersey, for settlement purposes, attorneys often take the difference between the parties’ gross incomes (imputed or estimated income if not working or underemployed) and take a percentage of the difference to determine an estimated alimony amount. The percentage ranges from 20% to 40%, depending on the length of the marriage and other factors.

 

If you have questions about New Jersey spousal support/alimony matters, contact an experienced divorce lawyer at Strich Law Firm, PC, for assistance now.

 

Contact Us For Expert Legal Advice.

Comments on the New Alimony Statute of 2014

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Types of Alimony alimony (3) alimony (4)

The new alimony statute effective 9/11/14 codifies much of case law and the prior statute in listing the following factors:

Comments:  The new alimony statute was intended to codify both the prior statute and case law.  However, in this author’s opinion, there are a number of changes that I have found to impact current negotiation or litigation on the issue of alimony.

 

See also our blog below.

 

If you have questions about New Jersey spousal support/alimony matters, contact an experienced divorce lawyer at Strich Law Firm, PC, for assistance now.

 

Contact Us For Expert Legal Advice