Alimony, also known as spousal support, is financial support that the supporting spouse pays to his or her dependent former or soon-to-be-former spouse. A host of factors go into calculating how much and how long the payments will be made. If you have been served divorce papers or are considering initiating divorce proceedings, please read on, then contact one of our experienced alimony and spousal support attorneys in Bergen County, NJ to learn some answers to some FAQs about alimony in New Jersey.
How do New Jersey courts calculate alimony?
In the Garden State, there is no set formula or equation that is used to determine the amount of alimony the dependent spouse will receive. However, the court will consider the following factors when making its decision:
- The length of the marriage
- The financial standard of living during the marriage
- The parties’ job skills and earning ability
- The parties’ level of education
- Each party’s responsibilities to the children
- The history of contributions each spouse made to the marriage, both financial and non-financial
How long must a marriage last for there to be alimony in New Jersey?
There is no firm or set length of marriage in New Jersey law that automatically triggers an alimony obligation. Nonetheless, if you were married for less than twenty years, the state will not allow alimony to go on longer than the actual length of the marriage, unless the dependent spouse meets special circumstances such as chronic illness or is the primary caretaker of the children. Also, it should be noted that there is no such thing as permanent alimony available in New Jersey. The dependent spouse may receive “open duration” alimony, but the marriage must have lasted for at least two decades and meet certain requirements.
How is alimony taxed in New Jersey?
According to a law enacted in 2019, alimony ordered or agreed upon in 2019 or later is no longer considered income. That means the supporting spouse can’t deduct it from his or her taxes and the dependent spouse need not factor it into his or her income taxes.
Keep in mind, that once the court orders alimony payments, it expects them to be made. If the supporting spouse does not make them, he or she is subject to wage garnishments, arrest warrants and other penalties. If this is at all confusing, please reach out to the skilled attorneys at Townsend, Tomaio and Newmark, LLC today.
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.