Understanding Alimony in New Jersey—An Introduction

Understanding Alimony in New Jersey—An IntroductionA spouse in New Jersey (male or female) still has a right to seek spousal support (alimony) during and after a divorce. In the Garden State, spousal support typically is determined on a case-by-case basis, with the court looking at the following factors:

  • How long the parties have been married
  • The age and physical health of the parties at the time of the divorce
  • The needs of the receiving party and ability of the other party to pay
  • The extent to which each spouse is actively involved with child-rearing
  • The standard of living to which the parties were accustomed during the marriage
  • The respective earning capacities of both parties, as well as educational levels, job training, and skills that may affect earning capacity
  • The length of time the recipient has been out of the job market
  • The length of time it would take the recipient to acquire education or training to become self-supporting
  • How property was allocated in the divorce decree
  • Ownership by either party of income-producing assets
  • Any other factors the court deems relevant

The Different Types of Alimony

There are five different types of spousal support in New Jersey:

  • Alimony pendent lite—This is an award that is only payable while a divorce is in process—essentially a temporary form of spousal support.
  • Limited duration alimony—In many cases, the court will award alimony for a specified time to allow the receiving spouse time to become self-supporting – the term generally cannot exceed the length of the marriage.
  • Rehabilitative alimony—Similar to limited duration alimony, this award typically lasts until the receiving spouse completes job training or other requirements to become self-sufficient.
  • Reimbursement alimony—This award represents reimbursement for sacrifices one spouse made to benefit the other, such as working to support the family while the other spouse obtained an advanced degree.
  • Open duration alimony—This is an award without an identified termination date. It may be for the rest of the person’s life, or it may be ended by the court at its discretion.

Modification of Alimony

Once alimony is awarded, it can be subsequently terminated or reduced if a substantial change in circumstances is proven, e.g., remarriage, cohabitation, loss of job, retirement, severe health problems, or significant change in income of either party.

Contact an Experienced New Jersey Family Law Attorney

At the law office of David M. Lipshutz, we won’t take your case unless we know we can help.For aprivate meeting, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 AM and 5 PM.

Calculating Child Support in New Jersey

Calculating Child Support in New JerseyIn the state of New Jersey, by law, both parents of a minor child are required to provide financial support for that child in the event of a divorce or separation. It is assumed that, if the parents were still living together, they would combine their incomes to meet the child’s needs. New Jersey’s child support law seeks to bring about the same result through the payment of child support.

The Factors Used to Calculate Child Support in New Jersey

To determine the appropriate amount of child support to be paid, the court will first determine the parents’ combined net incomes. Net income is generally calculated by identifying gross income from all sources, including wages or salary, bonuses, commissions, tips, business income, interest and dividend income, disability payments, workers’ compensation, unemployment, Social Security, veteran’s benefits and severance pay. To determine net income, the court then subtracts certain payments, such as taxes and other child support paid. For a quick calculation, you can go to the New Jersey Child Support Calculator. However, if the court determines that a parent should be earning more, based on his/her education and work experience, the court can impute additional income to the parent.

There are basically two types of child support calculations in New Jersey: the sole custody calculation and the shared parenting calculation. If a minor child spends less than 105 nights per year with the non-custodial parent, child support will be calculated using the sole parenting worksheet, found in Appendix IX-C of the New Jersey Child Support Guidelines. If the child spends more than 105 nights, but less than 183 (50%) nights with the non-custodial parent, the shared parenting worksheet (Appendix IX-D) is usually used.

The child support worksheets take into consideration the basic needs and expenses of the child, such as food, clothing and shelter. Certain predictable recurring expenses, such as child care, health insurance coverage, medical expenses and even transportation for visitation (if the custodial parent relocates) can also change the support calculation.

Contact Attorney David M. Lipshutz

We will only take your case if we know we can help.For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

The Division of Marital Property in New Jersey

The Division of Marital Property in New JerseyIn a divorce proceeding, particularly when there are substantial marital debts and assets, one of the most challenging tasks to be completed is the determination of who receives certain property and how the debt is allocated. There are generally two approaches to the division of marital property—equitable distribution and community property laws. New Jersey follows the legal principle of equitable distribution.

The Factors Used to Distribute Marital Property in New Jersey

Under the concept of equitable distribution, if the parties cannot work out their own agreement regarding debts and assets, the court will establish the terms of the property division. Equitable distribution requires that the court divide assets “fairly,” but not necessarily equally. Among the many factors that the court can consider when allocating debts and assets are:

  • the length of time the parties have been married
  • the age of both parties
  • the physical and emotional health of the parties
  • the standard of living to which the parties were accustomed during the marriage
  • any prenuptial or other written agreement made by the parties before or during the marriage concerning an arrangement of property distribution
  • the economic circumstances of each party at the time the division of property becomes effective
  • the income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage
  • the contribution by each party to the education, training or earning power of the other
  • the income or property brought to the marriage by each party
  • the contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker
  • the tax consequences of the proposed distribution to each party
  • the present value of the property
  • the need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects
  • the debts and liabilities of the parties
  • the need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children
  • the extent to which a party deferred achieving their career goals
  • any other factors which the court may deem relevant.

Contact Attorney David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Happy New Year 2020

Happy New Year 2020

May the holiday season fill your home with joy, your heart with love, and your life with laughter.