Understanding Your Rights and Obligations Regarding Spousal Support
Though it’s nowhere near as common as it used to be, alimony (also known as spousal maintenance or spousal support) is still available in New Jersey. Under current law, it’s based strictly on need and is gender neutral. A divorcing husband has just as much right to alimony as a wife. The courts will work hard to ensure that alimony is not used as a weapon, but strive to use it to strike a balance, allowing both parties to be as close as possible to the lifestyle they had during the marriage. The ultimate goal, in most situations, is to provide the necessary support to allow the recipient to take the necessary steps to become self-sufficient.
It’s important right up front to understand that New Jersey law is less than clear on how to address alimony, giving a fair amount of discretion to judges. It is also important to note that the recent tax law changes eliminate the deduction of spousal support payments and no longer require recipients to claim alimony as taxable income. Further complicating matters, New Jersey tax law allows for the deduction of spousal maintenance on state returns and requires recipients to report payments as income.
Unlike child support, where the court simply takes the income of both parties and plugs it into a formula, there is no similar calculation method for alimony. The court may consider a wide range of factors, including:
- The length of the marriage
- The actual need and ability of the parties to pay
- The standard of living to which the parties were accustomed during marriage
- The age, physical and emotional health of the parties
- The potential earning capacities of both parties
- Any parental responsibilities of either party
- The extent to which either party gave up a career to care for children or to further the career of the other party
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.
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