Arons & Solomon Divorce Lawyers | October 11, 2024 | Divorce
If you’re getting divorced in New Jersey, you may be wondering how much alimony you’ll need to pay or can expect to get. Alimony, or spousal support, is money one ex-spouse has to pay the other after the divorce. The idea is to help the lower-earning spouse keep their standard of living close to what they had during the marriage.
Instead of an alimony calculator or other general tools, judges in the state typically weigh a whole host of factors to come up with a number they think is fair on a case-by-case basis. The goal is to balance out any economic unfairness caused by the divorce.
What Factors Do New Jersey Judges Consider For Alimony?
New Jersey law lists a number of different factors judges have to consider when deciding alimony, including:
- How long you were married
- The need and ability of the parties to pay
- Your ages, health, and emotional well-being
- The lifestyle you had during the marriage
- Each person’s earning capacity, education level, skills and employability
- How long the alimony seeker has been out of work
- Parental responsibilities for your children
- What it will take for the alimony seeker to become self-supporting
- What each of you contributed financially and otherwise during the marriage
- How your property was divided in the divorce
- Any other money you have from income and investments
- The tax consequences of the alimony award
- Any temporary support that was paid during the divorce process
- Any other factors the judge thinks are relevant
There’s no set formula for how these factors get weighted. The judge looks at the whole picture and then makes a judgment call based on your unique situation.
Is There A Minimum Length Of Marriage To Get Alimony?
In Missouri, as in many states, there is technically no minimum length of marriage required to qualify for alimony (also known as spousal support or maintenance). However, the duration of the marriage plays a significant role in whether a court will grant alimony and how much support will be awarded. Generally, the longer the marriage, the more likely it is that one spouse may be eligible for alimony, especially if there is a disparity in the earning capacities or financial resources between the spouses.
What Are The Different Types Of Alimony in NJ?
There are four main types of alimony in New Jersey, including:
- Open Durational Alimony: For marriages lasting 20 years or more
- Limited Duration Alimony: For marriages under 20 years
- Rehabilitative Alimony: To help one spouse get back on their feet financially
- Reimbursement Alimony: To pay back one spouse for supporting the other’s education or career
Which kind you receive and for how long depends on your specific circumstances. Generally, the longer the marriage, the longer the alimony payments will last. For marriages under 20 years, alimony cannot exceed the length of the marriage unless there are exceptional circumstances.
Estimating Your Alimony Amount
Consulting a divorce attorney is necessary to determine an accurate estimate for your expected alimony. However, alimony is commonly awarded based on 20% to 25% of the difference between the higher-earning spouse’s income and the lower-earning spouse’s income.
For example, suppose that the higher earner makes $100k, and the lower earner makes $40k. The difference is $60k, and 20% to 25% of that difference is $12k to $15k per year or $1,000 to $1,250 per month.
However, keep in mind that your actual alimony could be very different once the judge weighs all relevant factors. If you want a more realistic idea of what your spousal support might look like, it’s best to consult an experienced New Jersey alimony attorney.
Alimony Can Be Highly Variable In New Jersey
Determining alimony in Hackensack and other New Jersey communities is a highly individual process and depends on the specific facts of each divorce case. Two judges might look at the same case and come up with different alimony awards. This unpredictability often leads people toward settling out of court.
In practice, most alimony is decided through negotiation, not by a judge. By seeking help from New Jersey divorce lawyers and mediators, couples can come up with alimony terms they can both live with.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States