Alimony is defined as the legal obligation one spouse has to another to provide financial support during a marital separation or after a divorce. Many years ago, alimony used to be paid by the party who broke the marital bonds, otherwise known as the “guilty party.” Since then, the laws in states have shifted, and the calculation of alimony is different and often more complex than it once was.
Every state has different laws regarding alimony and spousal support. In New Jersey, the law recognizes that one spouse in a marriage may need financial support after the finalization of a divorce. This financial support allows the supported spouse to maintain a similar lifestyle to the one they had during their marriage until that spouse can support themselves. There are several ways a judge can determine if a party is qualified for alimony and what kind of alimony they are entitled to. To learn more about these factors, look at our alimony page here.
While some states have a set system or “calculation” for alimony, New Jersey judges use a variety of factors to determine alimony for the supported spouse.
Factors in Alimony Calculation
Judges use many factors to determine the amount of alimony that is rewarded to the supported party. The list below outlines some of the circumstances that are considered when determining the final financial sum for the supported spouse.
- How long the marriage has lasted;
- The age and physical and emotional health of each spouse;
- The requesting spouse’s actual need;
- The paying spouse’s ability to pay;
- The couple’s standard of living while married;
- The parental responsibilities of each spouse;
- The financial contributions of each spouse to the marriage;
- The non-financial contributions of each spouse to the marriage;
- The income of each spouse;
- The earning capacity of each spouse;
- Consideration of any type of domestic violence which occurred during the marriage;
- Tax consequences to each spouse if alimony is awarded;
- The education level of each spouse;
- The employability of each spouse, and
- The time and expense necessary for the requesting spouse to obtain training or education sufficient to become self-supporting.
Williams Law Group has dedicated and experienced spousal support lawyers that can assist you in determining estimated alimony payments in your separation proceedings. We fight for our clients to get what they deserve, and we will fight for you too. Call us today at (908) 774-8554 to set up a consultation and learn more about how we can help.