How is alimony determined?

A family court has a fair amount of discretion to determine an alimony award. The New Jersey Supreme Court has established some very specific guidelines and formulas to determine child support. There are, however, no alimony guidelines. Most people do not enjoy paying child support, but they pay it anyway because they love their kids. Most people, however, are not too fond of their ex-wife or husband, so they hate paying alimony.

I believe that any proposed alimony guidelines would be just too controversial and it will never become law. There exists case law in New Jersey and a statute that requires the courts to consider very specific factors when it calculates alimony. There are some guidelines and objective standards for the courts to consider, but there is not specific formula for a family court to calculate alimony.

In general, New Jersey case law states that the court must consider the marital lifestyle, the supporting spouse's ability to pay, and the dependent spouse's ability to contribute to his/her own support.The alimony statute, N.J.S.A. 2A:34-23(b) states that the court must consider the following thirteen factors:

1. The actual need and ability of the parties to pay.2. The duration of the marriage.3. The age, physical and emotional health of the parties.4. The standard of living established during the marriage and the likelihood that each party can maintain a reasonable comparable standard of living.5. The parties' earning capability, education and employability.6. The length of absence from the job market.7. Parental responsibilities for the children.8. The time and expense needed to acquire education or training to enable a depended spouse to obtain appropriate employment.9. The financial and non-financial contributions of each spouse to the marriage.10. Equitable distribution.11. Income available and non-financial contributions of each spouse to the marriage.12. The tax consequences of alimony.13. Any other factor which the court deems relevant.

In summary, the main purpose of alimony is to permit the dependent spouse to live the same lifestyle after divorce that she lived during the marriage.