In New Jersey, there is no set formula to calculate alimony. So how do courts determine what the appropriate amount of spousal support is necessary to award? In this blog post, our Somerset County divorce lawyers explain how alimony is determined in New Jersey.
Factors that are Used to Determine Alimony
When a married couple gets a divorce, their finances will no longer be shared. For many marriages, one spouse becomes the “breadwinner” while the other one takes a step back to either care for their children or manage their household. Therefore, when the couple ends their marriage, it might be necessary for the higher-earning spouse to provide support through alimony payments to the other in order to offset the costs of living without a shared income.
During the determination of alimony during the divorce process, New Jersey laws outline specific factors for judges to weigh in order to decide how much spousal support is needed.
A judge will consider several factors, including:
- How long did the marriage last?
- What are the need and abilities of the parties to pay?
- What is the earning capacity, education level, skills, and ability to find employment for both parties?
- What are the age, physical health, and mental health of each party?
- What parental responsibilities do both parents have?
- What is the extent that one spouse depends on the other?
- Did one spouse delay their career goals in order to support the other spouse’s career?
- What is the standard of living established during the marriage?
- Has one spouse received a disproportionate share of marital property?
- Are there any tax consequences from awarding spousal support?
- Are there any other factors to consider that may impact alimony?
Alimony cannot exceed the length of the marriage, except for marriages that lasted more than 20 years or longer. The judge has the discretion to put more weight on certain factors than others, which makes determining the amount of alimony difficult.
If you have questions about alimony settlements, it is essential to contact a Somerset County divorce lawyer to help you. At DeTommaso Law Group, our team of skilled family law attorneys can examine your case in order to help you determine whether you should ask for alimony as well as what amount and for how long. Additionally, we are here to help those who need assistance with responding to an alimony request.
Don’t hesitate to reach out to our firm about your alimony case. Call our office today at (908) 274-3028.