Alimony is also commonly referred to as spousal support or spousal maintenance. It is designed to limit economic harm to the spouse who earns less income by proving a continuing source of support. In New Jersey, courts have wide discretion in deciding who gets alimony, the amount owed, and how long the payments will continue. New Jersey, along with several other states, is considering whether the system should be reformed, largely through the use of an alimony formula. The current New Jersey alimony laws provide the following information:
There are four types of alimony in New Jersey. These are permanent alimony, rehabilitative alimony, limited duration alimony, and reimbursement alimony to either party. Courts have the authority to award one or more of these types of alimony.
New Jersey law lists a number of factors that the court is required to consider. These include the needs of the parties, the duration of the marriage, the age and health of both parties, the parental responsibilities for the children, and more. This list is not exhaustive, so courts can consider other factors as well.
Alimony orders can be modified if there is a change in circumstances. Additionally, if the party receiving support remarries, the supporting spouse is entitled to stop making alimony payments.
Unlike child support payments, the supporting spouse is entitled to deduct the payments from his or her taxes. The spouse receiving support must report alimony as income. The IRS has very strict regulations about distinguishing between child support and alimony payments.
Are you considering filing for divorce? To speak with a family lawyer about alimony and other divorce-related issues, call The Law Firm of Walter K. Schreyer at (888) 511-2837. We have more than 35 years of experience helping New Jersey and New York residents with cases involving domestic violence, post-divorce modifications, separation agreements, and more.
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