Alimony Calculations and Durations in New Jersey Family Court
Alimony Calculations in New Jersey Family Court
As a divorce lawyer in New Jersey, I have represented many people fighting against alimony or seeking alimony in the New Jersey Superior Court Family Part. We work with clients to find solutions for alimony claims, child support claims and other important legal issues when alimony is calculated for New Jersey Divorce Cases.
Do I Have To Pay Alimony in New Jersey?
No. Alimony is not automatic. If you are ordered to pay, then you must pay but until then, we can negotiate other terms to the recipient spouse/person trying to receive alimony and financial support (support payments). Spousal support can be a major fight in family court or it can be resolved by possibly giving more assets, more child support or other options.
What are the biggest factors in Alimony Payment Calculations?
- Length of the Marriage
- Age of the Parties
- Marital Property
- Parenting Responsibilities
- Total Taxable Income of Both Parties and Non-Taxable Income
- Potential Income of Both Parties
- Age of the Children if any
Family Law Attorneys can explain the differences in the types of alimony that are commonly awarded such as: open duration alimony (formerly known as permanent alimony) and rehabilitative alimony where you pay alimony to help get your spouse on his or her feet without permanent types of alimony. Alimony can be awarded for any amount of time and for being married for any period of time. You do not need to be married ten (10) years, twenty (20) years, etc. It can be as short as one year! The alimony laws in New Jersey can be complex but working with an experienced divorce attorney in Jersey City or elsewhere in New Jersey will be of great importance to you.
Is Alimony Tax Deductible?
It is not anymore. You pay alimony after taxes are paid now but the alimony "calculation" has changed to reflect that.
How much is a typical alimony payment and length of time to pay?
There isn't a simple calculation for alimony payments in New Jersey. However, people try to use the highest income minus the lowest and multiply that by 25% to come up with a number. This is not the law but merely an idea of the possible amount which can be more or less. I calculate when asked but I do not rely on that number at all. That number will be used during the case to try and force you to settle. Don't. When working with me, we will get to the actual number it should be by looking at the marital lifestyle, average income over the years, potential incomes, savings, marital assets, child support and other critical information. Stay away from any lawyer that has not gone to trial in a divorce case.
The length of time is also not a set number/length. However, under the new law, if you are married ten years or so, you cannot be ordered to pay alimony longer than the marriage lasted. Believe it or not, people were ordered to pay permanent alimony after 10 or 15 years of marriage! Meaning if the person lives another 30 years, you could be forced to pay for 20 years more than your marriage even lasted. That has changed.
Typically people are ordered to pay 50%-65% of the length of the marriage in the cases I have handled throughout New Jersey. Again that number can be more or less depending on the deal that is negotiated or at the end of trial.
If you face alimony demands or a divorce, contact the Artusa Law Team today on 973-337-9643.