East Brunswick Alimony Lawyer

The factors the Court will weigh are:

1. The actual need and ability of the parties to pay;
2. The duration of the marriage or civil union;
3. The age, physical, and emotional health of the parties;
4. The standard of living established in the marriage or civil union 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;
5. The earning capacities, educational levels, vocational skills, and employability of the parties;
6. The length of absence from the job market of the party seeking maintenance;
7. The parental responsibilities for the children;
8. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
9. The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
10. The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
11. The income available to either party through investment of any assets held by that party;
12. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;
13. The nature, amount, and length of pendente lite support paid, if any; and
14. Any other factors which the court may deem relevant.

Only after applying these factors to your case will the Court make a decision as to alimony. Finally, something to consider is that alimony is considered taxable income to the spouse receiving it and tax deductible to the spouse paying it.

What are the Statutory Alimony Factors in New Jersey?

New Jersey is designated an equitable distribution state when it comes to division of assets and determination of alimony in marriage dissolutions. Equitable does not mean a 50-50 split, it means “fair.”

The goal is to, as closely as possible, allow both parties to maintain the same standard of living post-divorce. Lifestyle can be established by looking at household expenses the last several years, tax returns, pay stubs, assets, liabilities and more. (Much of this will be contained in the Case Information Statement you fill out within 35 days of filing for divorce, per New Jersey Court Rule 5:5-2.) The idea is not for one person to do better than the other financially after the divorce, but to attempt to level the playing field so that the lower-earning spouse can become self-sustaining.

Alimony is strictly based on need, meaning gender is not a factor. Among the elements that are given consideration:

• The length of the marriage;
• Both parties’ age;
• The physical and emotional health of both individuals;
• Earning capacity;
• Educational levels;
• How long the person seeking alimony has been absent from the job market;
• Whether the parties have children/ parental responsibilities.

Some East Brunswick alimony attorneys will tell you the unwritten rule that applies to a lot of cases is that a percentage of the difference between both individuals’ gross incomes will give you a ballpark figure of your alimony.

The distribution of assets could also impact whatever alimony is ultimately rewarded.

How Long is the Duration of Alimony?

In the past, when women traditionally did not work outside the home, courts routinely awarded permanent alimony. This was mostly for long terms marriages, though what was considered long term was subject to the court’s interpretation.

That changed in a 2014 amendment to New Jersey alimony law, which introduced open durational alimony, terminated by retirement, remarriage (or even cohabitation) or death and a more precise, formulaic approach that directly correlates to the length of the marriage. Section 2A:34-23 limits alimony for marriages lasting 20 years or less to no longer than the length of the marriage, except in “exceptional circumstances.” The law also creates a rebuttable presumption that alimony will terminate when the paying spouse reaches full retirement age. The statute lists numerous factors for courts to consider if a spouse receiving alimony wishes to challenge the presumption and continue receiving alimony.

Another recent change of law has to do with taxes. As of January 1^st, alimony is no longer considered tax-deductible. Although this change isn’t retroactive to prior divorces, it takes the discussion of tax breaks off the table – something that used to be a major bargaining chip in alimony determinations. If you have questions concerning alimony, call us for a free and confidential consultation.

Call Our Middlesex County Alimony Lawyers at (732) 810-0034!

When clients work with Rozin | Golinder Law, they work with the specific attorney who handles their case. Our East Brunswick alimony lawyers don't hand off the case to someone else who isn’t qualified. In fact, we strive to provide all of our clients with the same level of personal attention as though they are our own friends and family. You can call our firm for counsel whether you are in Monmouth County, Somerset County or Union County.  

To learn more about how we can help you fight for the alimony you deserve, set up your free case consultation by calling us at (732) 810-0034.