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The Statutory Factors That Are Used to Calculate Alimony in New Jersey

Calculating alimony in New Jersey is more art than science.  While there is a rule of thumb that is used around New Jersey, the proper way to calculate alimony is to follow the factors below.

(1) The actual need and ability of the parties to pay;

(2) The duration of the marriage;

(3) The age, physical and emotional health of the parties;

(4) The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;

(5) The earning capacities, educational levels, vocational skills, and employability of the parties;

(6) The length of absence from the job market of the party seeking maintenance;

(7) The parental responsibilities for the children;

(8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment …;

(9) The history of the financial or non-financial contributions to the marriage by each party …;

(10) The equitable distribution of property ordered and any payments on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;

(11) The income available to either party through investment[s] …;

(12) The tax treatment and consequences to both parties of any alimony award …; and

(13) Any other factors which the court may deem relevant.

[N.J.S.A. 2A:34-23(b)(1)-(13).]

In the average case, most of these factors will not be considered.  However, if alimony is a hotly contested issue, some of these factors can be used to help your lawyer argue for the alimony obligation you are seeking.

To learn more about this from our experienced team of NJ alimony lawyers, please call 1-855-9JEFLAW today!