An Overview of Alimony in New Jersey

The Middlesex County attorneys of Brause, Brause & Ventrice, L.L.C., have extensive experience advising clients throughout the State of New Jersey on all aspects of alimony. The following is a brief explanation of the types of alimony that are available and the factors that New Jersey courts use to determine whether to award alimony. For more information, contact an alimony lawyer at our firm.

Factors in Determining Alimony

In setting the amount and duration of alimony, the courts generally consider a number of factors set by law, including:

  • The genuine need for support and the ability of the other spouse to pay
  • Length of the marriage
  • Age and physical and emotional health of both parties
  • The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable lifestyle after the divorce, with neither party having a greater entitlement to that standard of living than the other.
  • Earning capacities, educational levels, vocational skills and employability of the spouses
  • How long the spouse seeking alimony has been absent from the job market
  • Parental responsibilities for the children
  • Time and expense necessary for the spouse seeking alimony to acquire the education, training or job experience needed to obtain a suitable job
  • Chances for acquiring assets and income in the future
  • History of financial or nonfinancial contributions to the marriage by each spouse including:
  • Contributions to the care and education of the children
  • Interruption of personal careers or educational opportunities
  • Equitable distribution of property
  • Investment income
  • Tax consequences
  • The nature, amount, and length of pendente lite support paid while the divorce is pending, if any.
  • Any other factors which the court may deem relevant.

Types of Alimony

A court may award either party with one or more of the following types of alimony:

  • Open durational alimony
  • Rehabilitative alimony
  • Limited-duration alimony
  • Reimbursement alimony

Changes in the Law of Alimony and the Internal Revenue Code

The law of alimony continues to change and evolve over time. It is essential that you are represented by an experienced divorce attorney who is familiar with all of the changes in the law that are relevant to your situation.

In 2014, significant revisions were made to the New Jersey statute that addresses alimony that may affect your circumstances. For example, the revised statute now provides for open durational alimony and eliminates permanent alimony. The revised statute also addresses specific circumstances in which changes in financial circumstances may result in a reduction or even a termination of alimony. Some of these changes in circumstances that may affect alimony involve cases involving cohabitation, an involuntary loss of employment for at least 90 days, retirement at an age eligible to receive full social security benefits, and other circumstances. Our divorce attorneys will review the particular circumstances of your case to determine whether you may benefit from any of these statutory revisions.

As a result of the Federal Tax Cuts and Jobs Act of 2017, alimony awards that have been entered since January 1, 2019 are not taxable or deductible on federal income taxes. Alimony awards that were entered before January 1, 2019 were and still are taxable to the recipient of alimony and deductible to the payor. This change in the federal tax law has had a significant impact on how courts evaluate claims for alimony and the amount of alimony that is or is not appropriate in each case.

The specific type or types of alimony that may be appropriate and the duration of time that alimony may be paid depend upon the individual facts of your case. Our divorce lawyers will explain these issues to you and they will answer your alimony questions. Please call our alimony attorneys at Brause, Brause & Ventrice, L.L.C., conveniently located in Middlesex County to schedule a free initial consultation.

Contact an Attorney for More Information

Brause, Brause & Ventrice, L.L.C. takes pride in its New Jersey roots, serving Middlesex County clients in East Brunswick, Edison, Metuchen, Piscataway and Woodbridge. For a free initial consultation about your alimony matter with a alimony lawyer in Middlesex County, call our law firm at 732-767-0044 or contact us online today.

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