How is spousal support (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.
There are two types of spousal support temporary and permanent. Temporary spousal support may be ordered by the court for the period after the filing of the Petition for dissolution until ultimate resolution of the matter (by trial or otherwise). Permanent spousal support may be ordered when the dissolution proceedings are coming to a close (at trial, for example). Temporary spousal support is primarily based on both parties’ incomes, but other factors are also part of the calculation. A computer program is typically used to calculate temporary spousal support. Permanent spousal support, on the other hand, is not calculated using a computer program. There are 14 factors that the court should consider in determining permanent spousal support. If you and your spouse are unable to agree on the amount of spousal support that is to be paid by one spouse to the other, the party seeking spousal support should file a request for spousal support with the court. You should consult with an attorn
