Understanding Alimony in New Jersey: Key Considerations for Divorce
When considering alimony in New Jersey, there are several important factors to keep in mind. Here's what you need to know about alimony in New Jersey.
Types of Alimony in New Jersey
New Jersey courts can award five different types of alimony:
Temporary alimony (pendente lite): Awarded during the divorce process
Open duration alimony: Typically for marriages lasting 20 years or more
Limited duration alimony: For shorter marriages, usually not exceeding the length of the marriage
Rehabilitative alimony: To support a spouse while they acquire job training or education
Reimbursement alimony: To compensate a spouse who supported the other's education or career advancement
Factors Considered in Alimony Decisions
New Jersey courts consider 14 factors when determining alimony awards, including:
The duration of the marriage
Each spouse's age and health
The standard of living established during the marriage
Each spouse's earning capacity and employability
Parental responsibilities for children
The financial and non-financial contributions of each spouse to the marriage
The equitable distribution of property
It's important to note that gender is not a factor in alimony decisions.
Duration of Alimony
In 2014, New Jersey overhauled its alimony system, eliminating "permanent" alimony in most cases. Now, for marriages lasting less than 20 years, alimony typically cannot exceed the length of the marriage. However, exceptions can be made for "exceptional circumstances".
Modification of Alimony
Alimony orders can be modified if there's a significant change in circumstances. Common reasons for modification include:
Loss of employment
Significant decrease in income
Serious health issues
Retirement
The spouse seeking modification must demonstrate that the change is involuntary and permanent.
Impact of Cohabitation
If the recipient spouse cohabitates with a new romantic partner, it may lead to termination or modification of alimony. New Jersey courts consider various factors to determine if cohabitation is occurring, even if the couple doesn't live together full-time.
Tax Considerations
As of 2019, alimony payments are no longer tax-deductible for the payer, and alimony received is not considered taxable income for the recipient. This change in tax law can significantly impact the financial implications of alimony agreements.
Role of Mediation
Mediation can be an effective tool for resolving alimony disputes outside of court. It allows both parties to negotiate and reach an agreement with the help of a neutral third party, potentially reducing the time and cost associated with divorce proceedings.
Retirement and Alimony
Alimony obligations typically end when the paying spouse reaches retirement age (currently 67 in New Jersey). However, the specific terms of the alimony agreement and the financial circumstances of both parties at retirement may affect this.
In conclusion, alimony in New Jersey is a complex issue that depends on various factors and can significantly impact both parties' financial futures. It's crucial to understand these considerations and seek professional legal advice when navigating alimony negotiations or disputes. The Law office of Steven H. Wolff can help protect your interests and work towards a fair alimony settlement that takes into account your unique circumstances.
Disclaimer
Please note that the information provided in our blog posts is for general informational and educational purposes only. These articles are not intended to be a substitute for professional legal advice. Each legal situation is unique and complex, and the general information provided here may not be applicable in all cases or reflect the most current legal developments.
We strongly advise that you consult with a qualified attorney who can provide advice tailored to your specific circumstances and needs. Relying solely on the information presented in these blog posts without seeking professional legal advice is not recommended and could lead to unintended legal consequences.
Remember, the law is constantly evolving and varies by location, and therefore the specifics of your situation need to be discussed with a legal professional who is licensed to practice in your jurisdiction.
By reading and using the information in these blog posts, you understand and agree that there is no attorney-client relationship being established between you and the blog's authors or the website hosting the blog. This blog is not a substitute for legal advice from a licensed professional attorney in your state.
