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Blogs from November, 2020

In many divorces, alimony (also commonly called "spousal support") is a key issue of contention. Whether you're a prospective recipient or a prospective payor in an alimony dispute, understanding how courts calculate alimony in NJ can help you pursue a better outcome in your case.

Today, we're going over just how alimony works in your case so that you can push for a more equitable spousal support arrangement with your soon-to-be-ex.

What Do Courts Consider in Alimony Cases?

Either party can request alimony. Courts consider a variety of factors when deciding whether to award alimony, including:

  • The length of the marriage;
  • Each party's current employment status, hypothetical employability (if unemployed), and the training or education needed to make a party more easily employable;
  • How long it would take an unemployed party to receive said training or education, and how long they've been unemployed;
  • What each spouse contributed to the marriage;
  • How the property division process was handled;
  • Whether any children are present in the case, and if so, each spouse's relationship with them and role in the custody arrangement;
  • How a proposed alimony arrangement may impact the alimony payor, and;
  • Any other factors the court deems pertinent to the case.

If the spouses cannot agree that one party deserves alimony (and on the amount required), the court will utilize the above considerations to make a determination.

The Ins and Outs of Alimony

If the court does decide that one party requires alimony to maintain a good quality of life, they may award various types of alimony:

  • Pendente lite alimony only goes into effect while the divorce occurs, and supports one party throughout the divorce.
  • Limited-duration alimony only remains in place until the alimony recipient is financially stable and no longer requires it.
  • Rehabilitative alimony remains in place for as long as it takes the recipient to acquire the training or education necessary to find a job.
  • Reimbursement alimony enables the recipient to receive reimbursement if they provided their spouse with certain resources, such as training, throughout the marriage.
  • Permanent alimony has no set end-date and typically exists to help an individual who could otherwise never become self-sustaining maintain a decent quality of life.

If you're engaged in a family law case, you need a strong attorney at your side to help you achieve an ideal outcome. At DeTommaso Law Group, LLC, we'll work with you to develop a unique case strategy tailored to your needs.

To schedule a consultation with our team, contact us online or via phone at (908) 274-3028.