Factors New Jersey Courts Consider When Awarding Alimony

Alimony, also known as spousal support, is never guaranteed in New Jersey. When courts do award it, they rely on a comprehensive set of statutory factors to determine whether support is justified, and if so, in what amount and for how long. Understanding these factors is essential if you’re dealing with a divorce or negotiating a settlement and find yourself on either end of the alimony issue.

Here’s a closer look at how New Jersey courts evaluate alimony claims, and what each factor means in the context of your case. For help with alimony and other divorce matters in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro to speak with an experienced Union alimony lawyer.

What Laws Govern Alimony in New Jersey?

Under New Jersey law, specifically N.J.S.A. 2A:34-23 (b), courts must consider fourteen (non-exhaustive) factors in deciding both the amount and duration of alimony. Moreover, NJ judges are required to explain in writing how those factors influence their decision. The statute also describes the different forms alimony may take and confirms that courts may use any combination of available alimony types, such as open durational, limited duration, rehabilitative, and reimbursement, based on the specific circumstances.

The 14 Statutory Alimony Factors

1. Financial Need and Ability to Pay
   The court weighs one party’s demonstrated need against the other’s capacity to provide support. Income may be imputed if a party is voluntarily underemployed or unemployed.
2. Duration of the Marriage or Civil Union
   Long-term marriages (over 20 years) are more likely to support open durational alimony, while limited duration awards are typical for shorter unions.
3. Age and Health
   A spouse’s physical or emotional health can significantly affect their employability and need for support.
4. Standard of Living During the Marriage
   The goal is to help both spouses maintain a reasonably comparable lifestyle post-divorce, considering neither had greater entitlement.
5. Earning Capacity, Education, Vocational Skills, Employability
   Courts assess each spouse’s ability to obtain employment or increase income, including their education and skills.
6. Length of Absence from the Job Market
   Time out of the workforce for childcare, disability, or other reasons may justify support until the recipient can return to employment.
7. Parental Responsibilities
   Childcare responsibilities that limit a spouse’s employment options are taken into account.
8. Time and Cost to Acquire Education or Training
   If the supported spouse needs training or education to become self-sufficient, the court may award rehabilitative alimony for that period.
9. Contributions to the Marriage
   Financial and non-financial contributions, including one spouse supporting the other’s career or caring for children, are considered.
10. Equitable Distribution Results
    The nature of property division—like whether one spouse received a larger share of assets—can impact alimony decisions.
11. Income from Investments or Assets
    Courts consider income available through invested assets or business.
12. Tax Consequences of the Award
    Although alimony is no longer tax-deductible after the 2017 tax reform, judges still consider tax implications for both sides in structuring payments.
13. Pendente Lite Support
    Temporary support paid during litigation may be credited against post-judgment alimony terms.
14. Other Relevant Factors
    Judges may consider other equitable or practical factors, including the need for separate residences to maintain similar standards of living.

How New Jersey Courts Apply These Factors

Rather than using a rigid formula, New Jersey courts apply these factors holistically to tailor support awards to the unique circumstances of each case. For instance, a long-term marriage where one spouse stayed home to raise children may justify open durational alimony, while a short-term marriage with college-age children may favor rehabilitative support or limited duration alimony.

Although not codified in law, many attorneys use a rough guideline, such as 20–25% of the income difference between spouses, to estimate support amounts during settlement negotiations. Duration is often estimated at one year of support for each year of marriage, though courts maintain full discretion in adjusting these figures based on statutory factors.

Why These Factors Matter for Your Case

Understanding the statutory factors helps you advocate effectively, whether you’re negotiating a settlement or preparing for trial. For example:

• Clear documentation of career sacrifices, caring responsibilities, or financial needs can help support a request for longer-duration alimony.
• Evidence of employability or potential income may limit alimony if the supported spouse has strong prospects for self-sufficiency.

Even if spouses agree on terms, courts will still require a factor-based analysis before approving a settlement.

Consult a Skilled Attorney for Your New Jersey Alimony Matter

Calculating alimony in New Jersey is not a one-size-fits-all process. Proper evaluation of statutory factors, along with accurate financial disclosure and documentation, is key.

At the Law Offices of John B. D’Alessandro, we guide clients through the complexity of alimony law, whether pursuing support, contesting unreasonable claims, or seeking modification based on changed circumstances. If you need assistance with alimony decisions or negotiations in Union, Essex, or Middlesex County, contact us today.