How is alimony decided in New Jersey?
There is no “formula” or “guidelines” for determining alimony. There are four different types of alimony, e.g. Permanent Alimony, Limited Duration Alimony, Rehabilitative Alimony, and Reimbursement Alimony, and twelve factors the court must consider in determining which type of alimony applies in a particular case. Because most divorce cases settle, matrimonial attorneys as well as mediators must analyze the facts of each case, and apply the alimony factors accordingly. The length of the marriage, the disparity of income between the parties, child rearing responsibilities during the marriage, ability to pay, the earning capacity of each party, age, education, health, assets received in the settlement, and standard of living enjoyed during the marriage, are a few of the factors applied in all alimony cases. Alimony is taxable to the receiving spouse and deductible by the paying spouse. Alimony may be modified in the future, upon a showing of substantial change of circumstances.
