Spousal support, or alimony, is not a given in divorce in New Jersey. The spouse requesting it must make their case as to why they need financial help after divorce. The higher earning spouse will typically be the person who will pay it.
If you do expect to pay or receive spousal support, you probably want to know how payment amounts are calculated. There is no magic formula in the state for calculating dollar amounts. A wide variety of criteria go into arriving at how much will be paid and for how long.
In the following paragraphs we provide general information about how amounts are determined and how long alimony payments last. You can get guidance specific to your situation by speaking with an experienced spousal support lawyer.
FACTORS THE COURT CONSIDERS IN DETERMINING SPOUSAL SUPPORT AMOUNTS
Judges look at numerous factors as described in New Jersey statute § 2A:34-23 to determine whether spousal support will be paid and how much payments should be. Some of the factors that the court will consider include the following:
- The standard of living to which both spouses are accustomed
- Each spouse’s gross income
- Length of the marriage
- Educational levels and earning capacity of each spouse
- Sacrifices made by either spouse to further the education and/or career of the other one
- How long it may take the spouse seeking alimony to become trained to get appropriate work
- How much property or assets each spouse currently has, such as in investments
- Equitable distribution determinations and whether payouts were made from current income
- How much each parent contributed to raising children, including staying out of the workforce
- Whether child support is paid and how much.
Calculating and arriving at spousal support payments that are fair to both parties is a complex and sensitive process. To ensure that you get the most advantageous result and do not lose out financially, work with an attorney who is well-versed in the alimony law in New Jersey and who will advocate strongly for your interests in negotiations or before the court.
IMPUTING INCOME FOR NON-WORKING SPOUSES
Are you worried about paying more in spousal support because your spouse is not working? Just because your spouse is unemployed or underemployed, this does not necessarily mean that it will cost you more money. If they are voluntarily unemployed or have the education or skills to get a better job than they currently have but are not trying to do so, the court may impute income to your spouse.
How this works is that the judge will look at your spouse’s educational level, past work history, their overall ability to earn, and what employment in their line of work pays to arrive at an imputed income. The imputed income figure may then be used for purposes of calculating spousal support payments, rather than their lack of income or lower income from being underemployed.
HOW LONG DO SPOUSAL SUPPORT PAYMENTS LAST?
How long payments last depends on the type of spousal support ordered. Here are the different types of spousal support and how long each can last:
- Pendente lite spousal support is temporary support to help the lower-earning spouse financially during divorce proceedings. It ends when the divorce is final.
- Reimbursement spousal support repays a spouse who has financially supported the other one in advancing their education.
- Rehabilitative spousal support lasts for a pre-determined time period to help the lower-earning spouse gain education or job skills.
- Limited-duration spousal support is awarded to lower earning spouses in marriages of under 20 years and cannot exceed the number of years a couple is married.
- Open-durational spousal support can be awarded to people who have been married 20 years or more. It can continue permanently or until there is a significant reason to modify it, such as the paying spouse’s retiring at full retirement age or the receiving spouse’s getting married again.
CAN THE AMOUNT OF CALCUATED PAYMENTS CHANGE IF CIRCUMSTANCES CHANGE?
Spousal support payment amounts are not set in stone. If you have (or your former spouse has) a significant change in financial circumstances, you can ask the court for a modification to alimony to reduce payments or even stop them altogether. You must be able to prove why you need the change.
Some reasons a judge may consider modifying the amount of spousal support payments include:
- You have lost your job involuntarily and have not found a comparable position.
- You are retiring at full retirement age or in good faith (meaning that you are not retiring simply to reduce or stop alimony).
- You are experiencing serious health problems that inhibit your ability to work.
- Your former spouse who receives payments is remarrying or living with someone in a financially supportive romantic relationship.
- Your former spouse has gotten a significant promotion at work or higher paying job.
We can help you in understanding whether you may be eligible for a modification and assist you in proving your case to the judge. Or if your ex-spouse is seeking to change payment amounts and you are not in agreement, we can help you in fighting against the change.
CONTACT A KNOWLEDGEABLE NEW JERSEY ALIMONY LAWYER FOR HELP
You deserve a fair alimony order that does not put you in financial straits. At [MFR] Men’s & Fathers’ Rights Divorce Lawyers, we can help you limit your exposure to paying too much spousal support. If you are seeking alimony, we will work to get you the amount you need. Our attorneys can also advise you if you wish to modify or stop spousal support payments due to changing circumstances, or if you are the recipient and your former spouse is trying to stop paying.
Call our family law firm at (201) 880-9770 to arrange a confidential consultation with a skillful attorney. Our responsive lawyers practice exclusively in divorce and its related issues and have a long record of success in achieving advantageous outcomes for clients. We are especially experienced in assisting high-net-worth individuals in divorce and its issues.
