The statute authorizing alimony in New Jersey is N.J.S.A. 2A:34-23. There are
several different types of alimony authorized, including permanent alimony,
rehabilitative alimony, limited duration alimony or rehabilitation alimony. In
some cases, more than one category of alimony may be awarded.
The statute requires that a Court consider the following factors, although other
factors may also be considered:
• The actual need and ability of the parties to pay;
• The duration of the marriage or civil union;
• The age, physical and emotional health of the parties;
• 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;
• The earning capacities, educational levels, vocational skills, and employability
of the parties;
• The length of absence from the job market of the party seeking maintenance;
Joseph M. Weinberg has over 40 years of experience handling matrimonial cases
and dealing with issues including alimony, child support, equitable
distribution, custody, visitation (shared parenting time), relocation of
children out-of-state, domestic violence, civil union dissolution, legal
separation (divorce from bed and board), modification of prior divorce decrees
or support orders and premarital agreements. He is available to assist you with
issues involving alimony.
You can contact Mr. Weinberg at jweinberg@jmwnjlaw.com or 856.795.9400 for an
appointment.
• The parental responsibilities for the children;
• 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;
• 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;
• 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; and
• The income available to either party through investment of any assets held by
that party;
• 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; and
• Any other factors which the court may deem relevant.
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