Alimony, or spousal support, is a legal obligation to provide financial assistance to a spouse after divorce. Once a marriage is dissolved, either spouse can petition the court for interim support. Alimony is not an absolute right. A strong case must be presented to receive it.
The type, terms, and amount of support vary based on individual circumstances. At Townsend, Tomaio, Newmark & Clancy, L.L.C., our Morristown divorce attorneys have the expertise to address complex alimony issues. We fiercely advocate for our clients in high net worth cases, business asset divisions, and complex property distributions.
The 5 Types of Alimony in New Jersey
New Jersey recognizes five distinct types of alimony. A court may award any combination of these orders depending on your situation.
- Temporary Alimony (Alimony Pendente Lite): Granted to unemployed or low-earning spouses. It helps cover living expenses during the actual divorce proceedings.
- Limited Duration Alimony: Awarded based on financial need. It lasts for as long as is necessary for a spouse to become self-supporting.
- Permanent Alimony: Typically awarded after long marriages. It compensates a spouse who gave up career or educational opportunities to care for the family.
- Rehabilitative Alimony: Requires the requesting spouse to submit a specific plan. This includes the steps for rehabilitation, a timeframe, and an expected period of employment.
- Reimbursement Alimony: Compensates a spouse who supported the other through advanced education with the expectation of shared future benefits.
Factors for Alimony Awards in New Jersey
There are no specific alimony calculators or rigid guidelines in New Jersey. Judges make decisions by evaluating several key factors:
- Financial needs of the requesting spouse and the other’s ability to pay.
- The duration of the marriage.
- The age and physical and emotional health of each spouse.
- Income, earning capacity, education level, and employability.
- The standard of living established during the marriage.
- Parental responsibilities for shared children.
- Financial and non-financial contributions made by each spouse.
Modification and Termination of Support
A judge may modify limited duration or rehabilitative alimony if circumstances change significantly. For example, a modification may be granted if a spouse cannot find a job within the expected timeframe. Alimony obligations generally terminate under the following conditions:
- The recipient spouse remarries or enters a New Jersey civil union.
- The death of either spouse occurs.
- The dependent spouse moves in with another partner in a marriage-like situation (cohabitation).
Marital Fault and “Bad Acts”
In New Jersey, marital fault—such as infidelity—is generally not taken into account when calculating alimony. An affair usually only impacts the award if it had a direct economic impact on marital savings. However, there are exceptions for serious “bad acts”:
- Alimony cannot be awarded to a spouse who commits a serious crime, such as murder or aggravated assault, against a family member.
- A court may deny alimony if one spouse’s behavior makes it unjust to force the other to maintain economic ties.
Income Imputation: When a Spouse Won’t Work
The court will not allow a spouse to avoid alimony responsibilities by voluntarily working less or remaining unemployed. In these cases, the court may “impute” income. This means assigning an income level based on what the spouse should be making given their past earnings and skills.
Tax Implications of Alimony
The tax treatment of alimony shifted due to the Tax Cuts and Jobs Act. For agreements finalized after January 1st, 2019, alimony recipients no longer pay income tax on the support they receive. Conversely, the paying spouse can no longer deduct those payments from their annual income. Because this significantly changes the financial impact of an agreement, it is crucial to discuss these details with your attorney.
Attorneys’ Fees
If a significant financial need is demonstrated, the court can order the higher-earning spouse to pay for the other spouse’s legal fees.
Contact Our Morristown NJ Alimony Attorneys
Questions about alimony often involve uncertainty about your future and rights. With a skilled attorney, you can make informed decisions. Contact Townsend, Tomaio, Newmark & Clancy at 973-840-8970 or contact us online to schedule a cost-free initial consultation.
