What factors does New Jersey consider for alimony in divorce cases?

Full question:

I am getting a divorce from my wife. We have been separated for two years. What factors will the court take into consideration when determining alimony for a spouse in New Jersey?

• Category: Divorce
• Subcategory: Alimony
• Date: 04/07/2025
• State: New Jersey

Answer:

In New Jersey, alimony is financial support one spouse pays to another during or after a divorce. The court considers several factors when determining alimony, as outlined in NJ Rev Stat § 2A:34-23 (2013):

• The actual need and ability of both parties to pay.
• The duration of the marriage or civil union.
• The age and physical and emotional health of both parties.
• The standard of living established during the marriage and the likelihood of maintaining a similar standard.
• The earning capacities, education levels, vocational skills, and employability of both parties.
• The length of time the party seeking alimony has been out of the job market.
• The parental responsibilities for any children.
• The time and expense needed for the party seeking alimony to gain sufficient education or training for appropriate employment.
• The contributions each party made to the marriage, including caring for children and any interruptions to careers or education.
• The equitable distribution of property and any payouts from that distribution.
• The income available to either party from investments.
• The tax consequences of any alimony award.
• Any other relevant factors the court deems important.

When considering permanent alimony, the court must make specific findings based on these factors. If permanent alimony is not warranted, the court may consider limited duration, rehabilitative, or reimbursement alimony instead. However, limited duration alimony cannot replace permanent alimony when the latter is appropriate.