Factors Determining Alimony

Spousal Support and Alimony

Factors in Determining the Amount and Duration of
Spousal Support / Alimony

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

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 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)

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.

Comments on the New Alimony Statute of 2014

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 pendente 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 payer has to go back to Court. However, the payer 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.

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