Middlesex County Alimony Lawyer
At Thakkar Family Law, we often receive questions about alimony, which is a key element of many New Jersey divorces. Alimony, also known as spousal support, is a financial obligation that one spouse may be required to pay to the other during or after a divorce. Its purpose is to help the financially dependent spouse maintain a standard of living similar to that experienced during the marriage. In New Jersey, alimony ensures that neither spouse faces undue hardship following the dissolution of their marriage.
What Factors Are Considered in Determining Alimony?
In New Jersey, the courts evaluate several factors before deciding on alimony, as outlined in N.J.S.A. 2A:34-23(b). Some of the most important factors include:
- The length of the marriage.
- The financial needs and ability of each spouse to meet their own needs.
- The age and health of both spouses.
- The standard of living during the marriage and each party’s potential to maintain that standard.
- Each spouse’s earning capacity, educational background, and work experience.
- The parental responsibilities of each spouse.
- Any contributions one spouse makes to the other’s education or career.
Courts also consider whether either spouse has any income-generating assets, such as property or investments, and whether either party contributed to homemaking or child-rearing during the marriage.
How Long Does Alimony Last?
The duration of alimony depends on multiple factors, including the length of the marriage. New Jersey distinguishes between different lengths of marriage and the alimony awarded as a result. For marriages lasting less than 20 years, alimony generally cannot exceed the length of the marriage unless there are exceptional circumstances. In marriages lasting 20 years or longer, there is no predetermined limit on how long alimony may last.
Alimony ends upon either party’s death or if the recipient’s spouse remarries. If either spouse’s circumstances significantly change, the alimony arrangement may be modified or terminated. Common scenarios for modification include job loss, serious illness, or retirement.
What Types of Alimony Are Available?
The state recognizes five types of alimony:
- Open Durational Alimony: Typically awarded for marriages of 20 years or more, open durational alimony has no set end date but can be modified if circumstances change.
- Limited Duration Alimony: This type of alimony is awarded for a specific period and is common in shorter marriages. It aims to provide financial support while the dependent spouse adjusts to post-divorce life.
- Rehabilitative Alimony: This alimony helps the dependent spouse acquire the education or job training necessary to become self-sufficient.
- Reimbursement Alimony: Reimbursement alimony is granted when one spouse financially supports the other’s education or career advancement during the marriage, and the spouse who provides support seeks repayment for that effort.
- Temporary (Pendente Lite) Alimony: This is awarded while the divorce is pending and provides financial support during the legal process. It is meant to maintain the financial status quo until the final divorce agreement is reached.
Each type of alimony serves a different purpose, and the courts carefully consider which is most appropriate based on the circumstances of the case.
Can Alimony Be Modified?
Yes, alimony can be modified if circumstances substantially change. This might include situations such as job loss, a health crisis, or a significant reduction in income. Either party can petition the court for a modification of the alimony terms. However, if both parties agree to non-modifiable alimony as part of their divorce settlement, those terms will remain in effect unless both spouses agree to a change.
Additionally, if the dependent spouse enters a new marriage-like relationship, the paying spouse can request a termination or suspension of alimony. The law allows alimony to be terminated or suspended if the recipient spouse cohabitates with another person in a marriage-like relationship.
What Happens if the Paying Spouse Fails to Make Alimony Payments?
If the paying spouse fails to make court-ordered alimony payments, the recipient spouse has several options for enforcement. The court can issue a wage garnishment order, seize assets, or even hold the delinquent spouse in contempt of court. In severe cases, the court may impose penalties such as suspending the non-paying spouse’s driver’s or professional license until the arrears are paid.
How Does Remarriage Affect Alimony?
If the recipient’s spouse remarries, alimony payments typically end. However, if the paying spouse remarries, it does not automatically terminate their obligation to pay alimony. A modification or termination request would require a significant change in circumstances that impacts their ability to make payments.
Can Alimony Be Waived in a Prenuptial or Postnuptial Agreement?
New Jersey law allows spouses to waive alimony through a prenuptial or postnuptial agreement. However, for the waiver to be enforceable, the agreement must meet all legal requirements, including full financial disclosure and a fair and voluntary signing process. Courts will evaluate the agreement’s fairness at the time of divorce to ensure that it does not result in an unconscionable outcome for either party.
What Is the Difference Between Alimony and Child Support?
Alimony and child support are two separate financial obligations. Alimony is designed to support a former spouse, while child support is intended to cover the costs of raising a child. New Jersey courts follow state guidelines to calculate child support based on the income of both parents, the custody arrangement, and the child’s needs. Child support typically ends when the child reaches the age of majority, while alimony continues until the court terminates or modifies the order.
What Are the Tax Implications of Alimony?
As of January 1, 2019, alimony payments are no longer tax-deductible for the paying spouse, and the recipient spouse does not have to report alimony as taxable income. This change came as part of the Tax Cuts and Jobs Act, which affects all alimony agreements made after this date. It’s essential to consult with a tax professional to understand how this change may impact your financial situation.
