Alimony, also referred to as spousal support, is financial support that is provided to a spouse during or after a divorce. Under state laws, spouses had a legal duty to financially support one another.
Alimony acknowledges that this duty may continue even after a legal separation or divorce. Alimony payments are made separately from any child support payments that are made because of the nature of custody agreements.
A family court will consider situations in which spouses have unequal earning power and have been married for a long period of time. Courts will also assess one spouse’s financial needs and whether the other spouse is able to make alimony payments.
The purpose of alimony is to help equalize the financial resources of the divorcing spouses. It is important to note, however, that spousal support is not automatic.
In addition, alimony is not ordered in every divorce. In certain cases, a court may award temporary spousal support while a divorce is pending.
Spousal support is different from child support. Child support is payments that are made to one spouse for children of the marriage who are under the age of 18 in order to sustain their daily essential needs, including:
- Healthcare;
- Education; and
- Housing.
How Do I Request Spousal Support?
The procedure for requesting spousal support may vary by state. Generally, an individual can start a petition with the proper legal paperwork in family court.
The family law court representative in the court may be able to help the applicant with their paperwork. An individual and their spouse may also come to an agreement regarding spousal support.
If the parties are unable to reach an agreement, the court will make a decision regarding their eligibility. The court will consider several factors and analyze those factors on a case by case basis.
Overall, there are three different categories of alimony support. Depending on what is offered in an individual’s state, they can request the court for that particular category that falls within their unique situation, including:
- Temporary support while the divorce is pending: The non-earning spouse may be in need of immediate support following the separation of the couple. Because of this, a court may award temporary support while divorce is still being resolved in some cases;
- Short-term and rehabilitative support: Courts may order short-term support for short marriages. Short-term support lasts only a few years. Its precise ending date will be set in the court order;
- Rehabilitative support is a specific kind of short-term support, designed to facilitate a dependent spouse in getting retrained and back into the workforce. It typically terminates when the recipient is back to work. The recipient is held accountable for pursuing the training or course of study and then searching for work; and
- Long-term or permanent support: Permanent support may be granted after long marriages, typically more than 10 years. This type of support is typically granted after a court determines that the dependent spouse most likely will not be able to go back into the workforce and will need support indefinitely;
- Some states, however, do not permit permanent support.
How Does the Court Determine Whether to Grant Spousal Support?
When determining whether or not to grant spousal support, a court will examine all of the relevant factors in the case, including:
- The ability to support oneself;
- Necessary time to acquire a job or get training to become employed;
- The standard of living that was established during the marriage;
- Length of the marriage;
- Circumstances leading to the separation;
- Each party’s age;
- Physical and mental condition of each party;
- The ability of the spouse who is paying alimony to support themselves while making payments and;
- Other financial responsibilities and resources of each party such as: previous awards of child support, financial obligations of each party, rights of each party to receive retirement benefits, and taxability or non-taxability of income.
Alimony can be paid in one lump sum, on a temporary basis, or on a permanent basis. The court will typically consider the circumstances of each partner when deciding on how much and how long assistance is needed.
How Do You Qualify for Alimony?
In New Jersey, alimony is awarded on a case-by-case basis. There is no set formula that is used to calculate an award.
Instead, New Jersey courts will evaluate a set of factors, including:
- The spouse’s financial need and their spouse’s ability to pay support;
- Each spouse’s age and health;
- The length of the marriage;
- The couple’s standard of living while married;
- Each spouse’s:
- earning capacity;
- education;
- skills; and
- employability,
- How long the spouse has been out of the job market;
- Each spouse’s childcare responsibilities;
- The time and cost of education and training the spouse will need to find work;
- The spouse’s contribution to the marriage, including household responsibilities and child care;
- Each spouse’s financial resources, including their joint and separate property; and
- Any other relevant factors in the case.
Alimony is available to New Jersey couples who:
- Divorce;
- Legally separate; or
- Annul a marriage or civil union.
How Much Alimony can You Receive in New Jersey?
There is not a cap, or limit, on alimony in New Jersey. Instead, a court is required to weigh the factors that were listed above as well as determine how much support is appropriate.
In certain cases, an alimony award may be in the millions of dollars. However, in most cases, the award is typically much more modest.
However, as noted above, the court will determine the amount of alimony based upon many factors, including the paying spouse’s ability to pay alimony and support themselves.
How Long Does Alimony Last in New Jersey?
The state alimony laws in New Jersey were significantly changed in 2014. There are currently five types of alimony in New Jersey, including:
- Temporary, or pendente lite: This category of alimony is paid while a divorce is pending;
- Open duration: This is ongoing alimony that is typically awarded in long-term marriages of 20 years or more;
- Limited duration: This is alimony for a set period of time, which cannot exceed the length of the marriage;
- Rehabilitative: This is alimony that is paid while a spouse receives additional education or job training pursuant to a rehabilitation plan; and
- Reimbursement: This is paid when an individual financially supported their spouse while they pursued an advanced degree.
New Jersey did away with permanent alimony in 2014. Ongoing alimony is typically paid until a couple reaches retirement age.
How Do You Petition for Alimony?
If an individual plans on requesting alimony, they should consider hiring an attorney before they file for divorce. There is not a standardized form for alimony requests in New Jersey.
Because of this, each motion has to be drafted from scratch, which is best presented by a professional. In addition, it may be difficult for an average individual to calculate and negotiate alimony awards.
There are an increasing number of couples who are resolving alimony issues in their marital settlement agreement. If the spouses can agree to a fair alimony amount, they can resolve this issue without the involvement of the court.
An attorney can also assist with these negotiations. An individual can also petition to have their alimony award modified under certain circumstances.
Typically, an individual must demonstrate a substantial change in circumstances that merits a change in their alimony payments. For example, alimony may be reduced or terminated if an individual’s ex-spouse is cohabitating with another individual who provides them with significant financial support.
Where Can You Find the Right Lawyer?
Petitioning for a modification of alimony or modifying an alimony award may be contentious and complex. It is in your best interests to consult with a New Jersey family lawyer who can help you file a motion with the court, calculate a fair alimony award, and negotiate with your spouse.
