Despite the name of the support, it's rarely permanent and only continues for as long as the recipient has a valid reason why financial independence is impossible. Either spouse can request alimony, but the court will only award it after evaluating the following:. The court has broad discretion when deciding alimony. Unlike child support awards, there's no specific formula for judges to use when calculating support. If you're concerned about what the court will decide, you and your spouse can sit down and negotiate an alimony agreement without the judge's input.
If you come to an agreement, you can submit it to the court for review and approval. If the judge approves it, the court will issue a spousal support order. New Jersey law expressly prohibits alimony awards to a spouse convicted of murder, manslaughter, criminal homicide, aggravated assault, or a similar offense if the offender caused death or serious bodily harm to a family member of a divorcing spouse after the marriage or civil union.
Every divorce case is individual, and the duration of your alimony award depends on the needs of the supported spouse and the circumstances that caused the judge to order alimony. Pendente lite alimony ends when the judge finalizes the divorce and creates a new, post-divorce award. If the supported spouse remarries or enters into a New Jersey civil union, permanent and limited-duration alimony will terminate as of the date of the remarriage or civil union. The recipient must inform the paying spouse of the remarriage or civil union immediately, or risk paying attorney fees and court costs to the paying spouse.
Remarriage and civil unions do not end rehabilitative or reimbursement alimony unless the couple agrees, or the court finds there is good cause to terminate the order. All forms of alimony terminate if either spouse dies. However, this is not automatic, and the presumption can be overcome depending upon the circumstances.
The court has broad discretion when deciding alimony. The court will start with each Case Information Statement, then take testimony about the finances, lifestyle while married, respective income, whether either party is either underemployed, or unemployed but can work, in which case the court can impute income. The court may then apply the economic reality test, meaning two separated people cannot usually live separately on the same budget that they were living on when living together.
The judge may evaluate each budget and try to come up with something that is fair. Sometimes they get that right and sometimes they do not. Trials cost money, they are stressful, and the outcome is uncertain. The terms can be memorized in a settlement agreement and becomes binding. Most divorce cases in New Jersey are resolved by agreement.
There are a few instances where New Jersey law expressly prohibits alimony awards; to a spouse convicted of murder, manslaughter, criminal homicide, aggravated assault, or a similar offense if the offender caused death or serious bodily harm to a family member of a divorcing spouse after the marriage or civil union.
Domestic violence may have an impact on an alimony award, depending on the circumstances. If the supported spouse remarries or enters into a New Jersey civil union, both open duration and limited-duration alimony will terminate as of the date of the remarriage or civil union. The recipient must inform the supporting spouse of the remarriage or civil union immediately, or risk paying attorney fees and court costs to the supporting spouse.
If the supported spouse cohabits with another in a relationship tantamount to a marriage, alimony can be suspended or terminated. The law governing the impact of cohabitation on alimony is complicated, and should be considered carefully both at the time of the divorce and during the alimony term. Remarriage and civil unions do not end rehabilitative or reimbursement alimony unless the couple agrees, or the court finds there is good cause to terminate the order.
All forms of alimony terminate if either spouse dies. Most payments are periodic, usually monthly. When negotiating an alimony obligation, it is important to consider how the alimony will be considered for taxation purposes.
That formula is no longer applicable now because spousal support payments are no longer tax deductible by the payor nor considered taxable income to the payee. To reduce the 14 statutory factors to a simplistic mathematical formula does not do justice to the realities facing divorcing families in New Jersey. The length of the marriage is a major factor that courts consider when deciding how long to award alimony. However, there is no prescribed length of marriage in the law that automatically triggers an alimony obligation, and every case is factually different.
If the couple was married for less than twenty years, however, New Jersey law does not allow alimony to continue longer than the actual length of the marriage unless there are exceptional circumstances such as chronic illness of the dependent spouse.
Open duration alimony will end upon a change of circumstances such as remarriage, cohabitation or retirement. There is a presumption in the new alimony statute that alimony will terminate upon the obligor spouse attaining full retirement age which is that age that an individual is eligible to receive full benefits under social security. Our experienced attorneys will help you determine what, if any, alimony obligation you may be required to pay or may be entitled to receive.
Attorneys were selected in accordance with their process. This advertisement has not been approved by the NJ Supreme Court. How is Alimony Granted? Get an estimation on how much alimony you can expect to pay in the United States. Click here to get a high, low, and average estimate on alimony payments! Is there a set list of statutory factors for calculating alimony? Is marital fault considered in New Jersey alimony? Is standard of living considered in New Jersey alimony?
Is custodial status considered when determining alimony in the state of New Jersey? How exactly is alimony calculated in the state of New Jersey? How long must alimony be paid? The duration of payments is determined by a judge in New Jersey family court.
Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage however, this is not always the case in every state or with every judge. Alimony may also be discontinued upon the remarriage or cohabitation of the receiving spouse. In some cases, judges may even award permanent alimony.
What happens if alimony isn't paid? If alimony is unpaid, the owed debt is known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment.
Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony.
Can alimony be waived by a prenuptual agreement? A prenup agreement is a contract between spouses regarding marriage-related financial matters signed prior to marriage. Limitation or waiving rights to alimony is a frequent clause in modern prenuptual agreements, but some states or localities prohibit such alimony waivers. Can alimony be collected if you're not married? The legal concept of alimony, otherwise known as spousal support , is dependant upon a legal marriage.
However, in some areas - especially those with a concept of common-law marriage - "palimony" , or support payments between non-married individuals, has been awarded by courts.
However, this generally requires extenuating circumstances. What is alimony mediation? How are alimony payments taxed?
To qualify as alimony under IRS guidelines, the following must be true: The payments are in cash The parties live in seperate households The payments are strictly for alimony as opposed to for child support , etc Taxation of alimony varies on a state and local level.
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