Alimony, or spousal support, is money given to an individual by their former spouse. It is up to the court to decide how much alimony a person receives, and how it is calculated can be complex. There is no set formula for determining alimony in the state of New Jersey. If you are going through a divorce and earn significantly more (or less) than your spouse, you may have questions regarding alimony laws and how they will affect you.
How is Alimony Determined?
Many factors determine the amount of alimony a person will receive. Some of these factors include:
- The length of the marriage
- The ability to pay the support
- The financial need of the parties
- The type of job each party has as well as their level of education
- Parental responsibilities of the children
There is no set length of marriage that prevents or triggers alimony payments. However, if a marriage lasts less than 20 years, a person will not receive alimony payments longer than the length of the marriage.
Types of Alimony
In New Jersey, the court can order the following types of alimony, either separately or in combination:
- Open durational alimony: This alimony is paid to the recipient for as long as they can prove that they are unable to support themselves.
- Limited duration alimony: This alimony is normally given to individuals whose marriage lasted only a short time.
- Rehabilitative alimony: This assistance is given on a short-term basis to help an individual receive training or an education that will help them earn an income.
- Reimbursement alimony: This is a set monetary amount that is paid to the recipient to repay them for supporting the other spouse, which may include putting them through school or caring for the family.
What Keeps an Individual from Receiving Alimony?
Under New Jersey’s criminal laws, a person cannot receive alimony if they were convicted of murder or aggravated assault if the crime resulted in serious bodily harm or death of a divorcing party or family member, and if the crime was convicted after the marriage.
If you are ordered to pay alimony, be sure to keep a record of all your payments, including receipts, and a list showing each payment. If you are receiving alimony, be sure to keep a list of all payments received.
Contact our New Jersey attorneys at (856) 512-1461 for your free consultation.