New Jersey divorce courts have discretion to grant alimony payments to either spouse. The court will consider all information presented during the dissolution proceedings and will grant support payments on a case-by-case basis.
Types of Spousal Support
- Temporary – the court may grant during the proceedings if one spouse requests temporary support.
- Short-Term – the court may grant limited support, especially for purposes of obtaining skills needed for one spouse to become more employable.
- Long-Term or Permanent – may be granted by the court in cases where circumstances demand, such as lengthy marriages where one party is unable to be self-supporting.
Who is Eligible for Alimony in New Jersey
Both husbands and wives may seek alimony under New Jersey family law. The court will look at the circumstances of each party in deciding whether to award support, duration and amount.
New Jersey Alimony Guidelines (Factors for Awarding Alimony)
Alimony may be awarded in New Jersey, taking the following into consideration:
- Need and ability of the parties to pay;
- Duration of the marriage;
- Age and health of the parties;
- Standard of living established in the marriage;
- Earning capacities, educational levels, vocational skills and employability of the parties;
- Absence from the job market of the party seeking alimony;
- Responsibilities for children;
- Time and expense necessary to acquire education or training to enable the party seeking alimony to find employment and availability of training and employment;
- Contributions during the marriage by each party;
- Tax consequences; and
- Any other factors the court deems relevant.
Reasons for Termination or Modification of Alimony in New Jersey
A party seeking modification has the burden of proving that the circumstances warrant a reduction or termination of alimony payments. The change of circumstances must be substantial.
Marital Fault in New Jersey
There are eight grounds for divorce in New Jersey. Common grounds for divorce include extreme cruelty, no-fault separation, and adultery. Legal separation leading to divorce is the only no-fault cause for divorce under New Jersey law.
How Long Does Spousal Support Last in New Jersey?
Spousal support length varies greatly according to need and other circumstances. Duration of the marriage is an important factor in determining the duration of any support award.
New Jersey Alimony Taxes
To determine the best strategy for tax purposes, discuss your support agreement with a knowledgeable attorney. Alimony is considered income for federal tax purposes.
Find an Alimony Attorney in New Jersey
A New Jersey family law attorney is in the best position to help you through a divorce. An attorney will advocate on your behalf, helping you to protect your income, assets and rights.