Factors used to determine alimony in New Jersey

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Alimony is a common concern during many divorces. Divorcing couples may have questions related to who will receive alimony, who will be required to pay alimony and how much will the alimony award be based on. As a result, it is helpful for divorcing couples to understand the factors used to determine an alimony award.

Several factors are considered to evaluate a request for alimony in New Jersey. Factors that are considered include the need and the ability of the spouses to pay; the duration of the marriage or civil union; the earning capacities of each of the spouses; any parental responsibilities of the spouses for children from the marriage; the tax treatment of both of the spouses and the tax consequences of any alimony award; and the contributions of each of the spouses to the marriage or civil union.

There are four different types of alimony which have been discussed in the past on this blog in greater detail. The four different types of alimony that may be awarded based on the circumstances include open durational alimony; rehabilitative alimony; limited duration alimony; and reimbursement alimony. Each type of alimony is intended for a different purpose and may be awarded for a different length of time. Alimony is intended, overall, to ensure both spouses leave the marriage on as positive a financial footing for the future as possible.

Requests for alimony can be contentious issues during any divorce which is what makes it helpful to understand how they are evaluated. Knowing how alimony may potentially be awarded can help divorcing couples better navigate the challenging divorce issue.

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