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What do New Jersey courts consider when determining alimony?

Alimony is a part of many divorce cases throughout the country, but each state has its own rules as to how this financial obligation is awarded, for how long and to which spouse. So, what do New Jersey courts consider when determining alimony in a divorce case?

Well, for starters, it is important to realize that courts will first determine which type of alimony is needed: rehabilitative or permanent. Permanent alimony, obviously, means that any award of alimony will not be terminated without court intervention. However, rehabilitative alimony can be terminated based on certain conditions. Typically, rehabilitative alimony is intended to allow the spouse who is receiving alimony to "get back on their feet" financially.

The amount of the alimony award can vary widely on a case-by-case basis. Courts will consider the following factors when determining the amount of an alimony award: a spouse's ability to pay alimony; the needs of the receiving spouse; how long the marriage has lasted; the age of the spouses who are divorcing; the health, both physical and emotional, of the spouses; and the job skills and education of each spouse, among many other factors.

Each divorce case is different. Some will involve alimony, some will not. However, anyone in New Jersey who is thinking about filing for divorce or who is in the middle of a divorce would likely benefit from understanding the rules concerning an award of alimony. Such a financial obligation can be both a burden and a benefit - depending on which side of the case each spouse is on.

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Weinberg, Kaplan & Smith, P.A.
8000 Sagemore Drive, Suite 8301
Marlton, NJ 08053

Toll Free: 866-350-9940
Phone: 856-375-1586
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