Alimony or Spousal Support in New Jersey

Though New Jersey courts are generally less inclined now to grant alimony or spousal support in divorce proceeding than in years past, either party to a divorce may still pursue compensation after a marital breakup. When a party to divorce requests alimony, the court will consider a number of factors to determine whether the petition has merit. The court may grant permanent support, order payments for a specific period of time, or require a party to pay support until the ex-spouse can take care of his or her own needs.

The Criteria for Obtaining Alimony in New Jersey

When considering whether or not to compel a party to pay spousal support, the New Jersey court will look at:

• The length of the marriage—generally, the longer the marriage, the greater the likelihood that the court will order some form of support
• The age and health of the parties—courts are less inclined to order spousal support when the potential recipient is young, healthy and capable of providing for himself or herself
• The actual needs of the potential recipient, as well as the ability of the other spouse to pay—in New Jersey, alimony is based primarily on need.
• The standard of living during the marriage
• The earning capacity of both parties—the court may look at specific skills, job training or education, and need not focus on whether the party was employed during the marriage. However, the length of time a party has been away from the job market may be a mitigating factor. Furthermore, the court may consider how much time and what it will cost for the non-working party to obtain education or training to become self-sufficient.
• The extent to which the parties participated in the acquisition of marital assets
• The property award in the divorce—If the court considers the property award to be sufficient to provide for necessary support, alimony may be denied.

Contact Taylor & Boguski

At Taylor & Boguski, we have more than 70 years of combined experience representing parties across New Jersey. For a free initial consultation, send us an e-mail or call us at 856-234-2233.