Alimony, also called spousal support, can become a point of heavy contention during divorce. Unlike for determining child support, there is no standardized formula to calculate alimony in New Jersey. Instead, the court system is given discretion to award payment based upon fixed factors such as the length of the marriage, as well as subjective issues such as the parties’ health and earning capacities.
Even if both parties agree that support is appropriate, disagreements often arise regarding the level and duration of payments. There are several different types of alimony, ranging from temporary alimony during the divorce process to permanent alimony, generally awarded after a lengthy marriage. Limited duration, rehabilitative and reimbursement alimony may also be awarded in any combination.
If you believe you should receive alimony or that your spouse will seek it, it is essential that your attorney be well versed in current New Jersey case law and any recent appellate decisions regarding alimony, as well any trends and tendencies applicable to your circumstances. Your alimony negotiation, mediation or litigation plans must be aligned with those for equitable distribution of assets and property, so it is vital you retain legal counsel with a sense of well-rounded case strategy.