Alimony & Support:

The stereotypical belief is that the man will have to pay his wife alimony. However, this belief is no longer valid. With the number of women becoming the breadwinners increasing and the landmark decision of Lewis v. Harris providing same-sex couples the same benefits and rights as marital opposite-sex couples, the old-fashioned belief is no longer appropriate.

There are two purposes of alimony/spousal support. The first purpose is to allow both people to maintain a lifestyle as similar as possible to the lifestyle the couple enjoyed together during their marriage. In reality, lifestyles will change to some degree, but the goal is for that change to be as little as possible for each person. The second purpose is to balance the economic consequences of divorce so one person does not bear a disproportionate burden.

Also, one spouse may be entitled to receive alimony/spousal support even during the divorce process. This type of alimony is called pendente lite alimony and it is temporary. The purpose of pendente lite alimony is to allow the receiving spouse to pay for basic expenses during the divorce proceedings.

Each family situation is unique and for this reason, New Jersey law does not provide definitive rules for the length of time a person will receive alimony/spousal support. In determining the length of alimony/spousal support, the court will consider the same factors that are considered in calculating alimony/spousal support. By statute (N.J.S.A. 2A:34-23(b)), the courts of New Jersey are authorized to award to either spouse, one or a combination, of four different forms of alimony/spousal support: Open durational

Limited duration

Rehabilitative, and

Reimbursement

Determining the correct amount of alimony/spousal support can be complicated and is a highly contentious issue. New Jersey does not follow a set formula for setting alimony/spousal support. The determination is fact intensive, and the New Jersey courts will analyze the list of factors set forth in N.J.S.A. 2A:34-23(b) to determine both the amount awarded. These statutory factors include, but are not limited to:

The ability and need for parties to pay

The length of the marriage

The age and health of both spouses

The marriage's established standard of living and each spouse's ability to maintain a comparable standard living The education and current and potential earning capacities of each spouse

The length of time the spouse seeking maintenance has been away from the job market

The spouses' separate parental responsibilities to the children

The expense and time required of the spouse seeking maintenance to acquire the training or education needed for employment, their access to training and employment, and any opportunities they have to secure future capital assets The contributions (financial and non-financial) each spouse provided the marriage, including childcare, and any resulting professional or academic interruption they caused

The equitable division of property that's been decided by the court, including any payouts out of current income Each spouse's available income via investments

The tax considerations and consequences that both parties may incur by an alimony award, and

Any other factors the court finds relevant