Next to child custody alimony is the most frequently litigated issue in divorce. Unlike child support there are no set guidelines for alimony. Statutory law provides a number of factors when determining if alimony is appropriate as well as the length and amount of alimony if applicable.
The length of marriage and the history of the income of the parties are two of the most important factors in analyzing alimony. Other important factors include the raising of your children, absence from the job market and education of the parties. A global settlement of all issues can include alternative methods of dealing with alimony. Alimony can be permanent, limited duration, rehabilitative or reimbursement. The type of alimony will depend on how the statutory factors are supplied in the case at hand. Alimony is deductible from federal gross income by the payor and includable in the income of the payee.
Frequently asked alimony questions:
1. I thought alimony did not exist anymore.
Alimony is alive and well in the State of New Jersey. Due to the rising level of earnings of families, alimony is not always paid from husband to wife anymore.
2. How can I afford to pay alimony and child support?
This is never easy. One thing to consider is that alimony is deducted from the payor’s income and added to the payee’s income when calculating child support.
3. What happens if he/she remarried or lives with someone?
In almost all cases remarriage terminates alimony. Co-habitation is an event triggering a review and possible termination of alimony payments.