When you’re getting a divorce, alimony may be something you are worrying about. Will you have to pay it? If you need alimony, will you get enough? Alimony is one the least understood parts of a divorce and one of the things people stress about the most.
In New Jersey alimony can be awarded on a temporary basis while your case is moving through the courts. When an order of alimony is made part of your divorce judgment, the court can decide to order alimony for a specific length of time or permanently , often when the spouse receiving the alimony has a disability or is elderly. Alimony may be ordered to help a dependent spouse achieve the education, training, or experience necessary to become self-supporting and re-enter the job market or become more successful. It may also be ordered as a way of reimbursing one spouse for financially supporting the other during the marriage, such as for putting him or her through school.
New Jersey courts consider the following factors when determining whether alimony should be paid and if so, at what amount and for how long:
- One spouse’s need for alimony and the ability of the other spouse to pay it.
- The length of the marriage.
- The age and physical and emotional health of the spouses.
- The standard of living that existed during the marriage and the likelihood that each spouse will be able to have a comparable standard of living after the divorce.
- The earning ability, education, and job skills of the spouses.
- How long the spouse seeking alimony has been out of the job market, if he or she is unemployed.
- The division of parental responsibilities and the custody arrangement.
- The length of time needed and the cost of obtaining education or training for the spouse seeking alimony to become employable, as well as the availability of training and jobs. The court also considered the spouse’s resources.
- The non-financial contributions the spouse seeking alimony made to the marriage through childcare or homemaking and how this interrupted his or her employment and/or education.
- The property division in the divorce.
- Income available to either spouse through the investment of his or her assets.
- The tax consequences of alimony (alimony is tax deductible for the spouse paying and is taxable income to the spouse receiving it).
- Any other relevant factors.
At DeTorres & DeGeorge, your future is our focus. Make an appointment today to discuss your divorce or alimony with us. (908) 284-6005.