How Is Alimony Calculated in NJ?

The State of New Jersey does not have an exact methodology for calculating alimony. Instead, when alimony is considered in a particular case, a more fact-sensitive analysis is required, with a primary concern being the balance of the recipient’s financial need for support with the other spouse’s ability to pay. Various circumstances can play a role in ultimately determining what type, amount, and length of alimony may be available to a party. If you have questions or concerns about the various types of alimony in New Jersey, our experienced Marlton divorce attorneys at Weinberg, Kaplan, & Smith, P.A., welcome the opportunity to help.

Factors Taken into Consideration in Alimony Determinations

In New Jersey, numerous factors will be taken into consideration when determining whether alimony will be awarded; in what amount; and for how long. These factors include:

• The actual need and ability of the parties to pay;
• The length of the marriage;
• The age, physical, and emotional health of the parties;
• The standard of living established in the marriage, and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;
• The earning capacities, educational levels, vocational skills, and employability of the parties;
• The length or 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 training and employment, and the opportunity for future acquisitions of capital assets and income;
• The history of 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 ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent that 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 any alimony award, including the designation of all or a portion of the payment as non-taxable payment; and
• The nature, amount, and length of pendente lite support paid, if any.

Knowing how these factors may be weighed and considered by a Judge can provide even further insight into this potential financial relief. A trusted Marlton divorce attorney can help explain the factors in your specific case that may lend themselves to support a claim for or against alimony.

A Starting Point for Alimony Discussions

While New Jersey does not use a fixed formula for calculating alimony, having information prepared in advance will assist your attorney in gauging what an appropriate amount and duration of alimony, if any, may be in your particular case. Having an idea of each party’s current income information, work background, and any other information regarding the above-detailed factors will be helpful in determining an initial potential range for alimony at your initial divorce consultation.

Because so many variables factor into the final determination, the ultimate amount and length of alimony ordered or agreed upon can vary considerably from any informal estimate. Working with an experienced Marlton divorce attorney is the most reliable way to understand what a fair outcome might look like in your specific case.

Our Experienced Marlton Divorce Lawyers Can Help

Our trusted Marlton, NJ, divorce attorneys at Weinberg, Kaplan, & Smith, P.A., recognize how important alimony can be to your financial well-being, and we have the experience and legal skill to fiercely advocate for a fair outcome on your behalf. Learn more by contacting us online or giving our firm a call at 856-795-9400 today.