Alimony and Marital Property Division FAQ

Alimony
  1. What type of Alimony is awarded in New Jersey?
  2. When deciding alimony claims what does the New Jersey statute require Courts to consider?
Distribution of Material Property
  1. What factors does a court consider when deciding an equitable distribution of property?
What type of Alimony is awarded in New Jersey?

In New Jersey there are 4 types of alimony awards, Open Durational, Rehabilitative, Limited Duration and Reimbursement.

  1. 4 types of Alimony are awarded in New Jersey;
    1. Open Durational Alimony(previously permanent alimony);
    2. Rehabilitative Alimony;
    3. Limited Duration Alimony;
    4. Reimbursement Alimony.

Back to Top

When deciding alimony claims what does the New Jersey statute require Courts to consider?

New Jersey’s alimony statue requires Courts to consider many factors before awarding alimony to a litigant. Several factors include the need for alimony and the ability of a party to pay, the length of the marriage, the established standard of living and earning capacity, education level, vocational skills and employability of the parties. Other factors also require consideration.

  1. The actual need and ability of the parties to pay;
  2. The duration of the marriage or civil union;
  3. The age, physical and emotional health of the parties;
  4. The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;
  5. The earning capacities, educational levels, vocational skills, and employability of the parties;
  6. The length of absence from the job market of the party seeking maintenance;
  7. The parental responsibilities for the children;
  8. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
  9. The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
  10. The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
  11. The income available to either party through investment of any assets held by that party;
  12. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;
  13. The nature, amount, and length of pendent lite support paid, if any, and
  14. Any other factors which the court may deem relevant.

Back to Top

What factors does a court consider when deciding an equitable distribution of property?

In New Jersey, equitable distribution of marital property is determined by the courts through the evaluation of case specific factors including the duration of marriage, income, standard of living and any prenuptial agreement between the parties. Other factors that may also be considered include the health, income and earning capacity of each spouse.

  1. An equitable distribution is not necessarily an exactly even split. In making its allocation, the court considers several factors enumerated by New Jersey law. These may include:
    1. An equitable distribution is not necessarily an exactly even split. In making its allocation, the court considers several factors enumerated by New Jersey law. These may include:
    2. The duration of the marriage or civil union;
    3. The income and property contributed to the marriage by each spouse;
    4. The standard of living of the spouses during the marriage;
    5. Prenuptial and other written agreements between the spouses;
    6. The financial condition of each spouse after the property division;
    7. The age, health, income, and earning capacity of each spouse;
    8. The contribution of each spouse to the earning power of the other and the value of the marital property;
    9. The tax consequences to each spouse after distribution;
    10. The value of the marital property;
    11. The need of the spouse with physical custody of a child to occupy the marital residence.

Back to Top