How is alimony determined?
A family court has a fair amount of discretion to determine an alimony award. The New Jersey Supreme Court has established some very specific guidelines and formulas to determine child support. However, there are no alimony guidelines. Many courts and panels have tried to formulate alimony guidelines. However, this goal is very similar to the Cubs quest to win the World Series. It just will never happen! Many men don’t enjoy paying child support, but they pay it anyway because they love their kids. However, most men are sick of their ex-wive’s and they hate paying alimony. Any set of proposed alimony guidelines is just too controversial and it will never become law. New Jersey has caselaw and a statute that requires the courts to consider very specific factors when it calculates alimony. There are some guidelines and objective standards for the courts to consider, but there is not specific formula for a family court to calculate alimony.
A family court has a fair amount of discretion to determine an alimony award. The New Jersey Supreme Court has established some very specific guidelines and formulas to determine child support. However, there are no alimony guidelines. Many courts and panels have tried to formulate alimony guidelines. However, this goal is very similar to the Cubs quest to win the World Series. It just will never happen! Many men don’t enjoy paying child support, but they pay it anyway because they love their kids. However, most men are sick of their ex-wive’s and they hate paying alimony. Any set of proposed alimony guidelines is just too controversial and it will never become law. New Jersey has case law and a statute that requires the courts to consider very specific factors when it calculates alimony. There are some guidelines and objective standards for the courts to consider, but there is not specific formula for a family court to calculate alimony. In general, New Jersey case law states that the
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. In doing so, the court shall consider, but not be limited to, the following factors: The actual need and ability of the parties to pay. The duration of the marriage. The age and physical and emotional health of the parties. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living. The earning capacities, educational levels, vocational skills, and employability of the parties. The length of absence from the job market of the party seeking maintenance.
A family court has a fair amount of discretion to determine an alimony award. The New Jersey Supreme Court has established some very specific guidelines and formulas to determine child support. However, there are no alimony guidelines. Many courts and panels have tried to formulate alimony guidelines. However, this goal is very similar to the Cubs quest to win the World Series. It just will never happen! Many men don’t enjoy paying child support, but they pay it anyway because they love their kids. However, most men are sick of their ex-wive’s and they hate paying alimony. Any set of proposed alimony guidelines is just too controversial and it will never become law. New Jersey has caselaw and a statute that requires the courts to consider very specific factors when it calculates alimony. There are some guidelines and objective standards for the courts to consider, but there is not specific formula for a family court to calculate alimony. In general, New Jersey case law states that the
Unlike child support, there is no formula for calculating alimony. In fact, alimony is not awarded in all cases. The purpose of alimony is to ensure that the needs of both parties are met, which is often understood to mean that both parties are able to maintain the standard of living that they became accustomed to while married. Massachusetts law requires the Court to consider fourteen separate criteria when considering whether and how much alimony to award.
