Alimony, or spousal support, is frequently an extremely contested and complex issue presented in a divorce, which often leads to significant financial adjustments for both spouses. Alimony is intended to address a potential economic imbalance between the parties when a marriage ends.
New Jersey courts have broad discretion in determining the amount and duration of alimony, which considers a wide range of factors in making that determination. Those factors include the financial need of one spouse and the ability of the other spouse to contribute to that need. The length of marriage and the age and health of both parties are critical factors, as is the standard of living established during the marriage and the likelihood that each party can maintain a reasonably comparable standard of living post-divorce. Employment status, earning capacity, parental responsibilities, the outcome of equitable distribution of marital assets, and other relevant factors are also taken into consideration.
New Jersey law recognizes several types of spousal support, each designed to address different circumstances. These include temporary support paid during the divorce proceedings, limited duration alimony awarded for a predetermined period of time, rehabilitative alimony designed to support a spouse while they acquire the ability to become self-supporting, and reimbursement alimony awarded to a supporting spouse for their direct financial contributions to, among other things, the pursuit of an educational degree or professional license. Under certain circumstances, including individuals who were married for over 20 years, they may be awarded open durational alimony, which has no set end date and generally continues until a court orders its termination due to a change in circumstances such as retirement or remarriage.
Our family law attorneys provide comprehensive representation related to post-divorce financial support on behalf of both the payor and the receiving spouse, from the initial negotiations and alimony determination through modifications, enforcement actions, mediation and litigation. We understand that alimony can have a profound impact on a client’s financial future and are committed to providing knowledgeable, strategic and supportive representation from start to finish.