Alimony

Understanding Alimony in New Jersey

Alimony (spousal support) is an amount of money to be paid from one spouse to another in order to enable both parties to live a reasonable lifestyle. Traditionally, alimony has been based not on formula, but upon a series of factual considerations that include:

• The standard of living and economic circumstances of each party
• All sources of income and assets
• Duration of income and assets
• Parental responsibilities for the children
• History of financial and non-financial contributions to the marriage of each party
• Tax considerations

The alimony statute in New Jersey permits a broad latitude for the court in which to work. Hence, alimony awards vary by county and by court.

It is also important to understand that as the years go by, unless a supported spouse is at a level of support which allows that individual to maintain his or her standard of living during the marriage then he or she is never precluded from coming back into court to ask for an increase in alimony.

Evaluation of the "standard of living" of the respective spouses is done via the testimony of the parties involved and documents submitted to the court. However, the courts are bound by reality. Unless the court reviews the monthly budget of each party carefully, the scales may be tilted completely to one side.

Individuals should also know that several types of alimony exist:

• Rehabilitative Alimony - in which the person receiving the funds indicates the actions to be taken to ensure his/her economic rehabilitation.
• Permanent Alimony - support is until death or remarriage
• Reimbursement Alimony - sought by a party who supported the other through an advanced education.
• Limited Duration Term Alimony - fixed alimony for a number of years.

Regardless of all these factors, it is important to recognize that every situation is unique.

Richard C. Klein has been practicing family law for over 25 years. He can be reached at (856) 522-2000.