How is alimony calculated?
Alimony, as opposed to child support, is not as definitive and is based on a number of factors including the actual need of the party, the ability of the other party to pay, the duration of the marriage, the age, physical and emotional health of the parties, the standard of living established in the marriage, the likelihood that each party can maintain a reasonable comparable standard of living, as well as a number of other factors. The alimony statute in New Jersey was recently amended so that the court is now permitted to award not only permanent or rehabilitative alimony but also limited duration alimony and reimbursement alimony. There are no fixed “guidelines” as there are with regard to child support.
Alimony, as opposed to child support, is not as definitive and is based on a number of factors including the actual need of the party, the ability of the other party to pay, the duration of the marriage, the age, physical and emotional health of the parties, the standard of living established in the marriage, the likelihood that each party can maintain a reasonable comparable standard of living, as well as a number of other factors. In New York, alimony is called maintenance. Maintenance or alimony can be awarded for an indefinite or definite period of time. There are no fixed “guidelines” as there are with regard to child support. Many factors are considered by the Court.
Alimony is awarded when there is a need by one party for financial assistance and financial ability on the part of the other party to assist. In general, the longer the term of the marriage and the bigger the difference in earning capabilities of the parties, the more chance for an award of permanent alimony. Also, as a general proposition, the longer the term of the marriage, the more successfully a party can argue that they are entitled to maintain the lifestyle that they are accustomed to and that they therefore need alimony. It can be shown that the party asking for alimony is capable of making more money then they are earning however, that will be considered in determining the amount of alimony if any.
A. Alimony, as opposed to child support calculated pursuant to the Guidelines, is not as definitive and is based on a number of statutory factors. In N.J.S.A. 2A:34-23(b), New Jersey’s alimony Statute provides: In all actions brought far divorce, divorce from bed and board, or nullity the, court may award one or more of the following types of alimony: permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either party.
