Alimony is a support payment from one spouse to the other.  There are tax implications for both parties.  When one spouse earns significantly more than the other spouse and the other spouse needs support in order to maintain the marital lifestyle, the case may be appropriate for an alimony award.

Usually both parties are expected to work to their best ability.  Alimony is more likely to be paid in cases where there is a gross disparity in the incomes of both parties.

The New Jersey statute dealing with alimony lists approximately 10 factors which should be considered when deciding whether or not alimony should be paid.  Some of these factors are the actual needs of a party and the other party’s ability to pay, the duration of the marriage, etc.  However, there are no charts or formulas which can readily be used to ascertain whether or not alimony is paid and, if so, how much or for how long a period of time.  Even if it is determined that alimony is appropriate in any given case, it must also be determined how much alimony should be paid and for how long a period of time the alimony should be paid.  Should the alimony amount change at any given point, for example, when a spouse is capable of returning to work because the children are in school full time?  Should the alimony change if the party who is receiving the alimony starts living with another, or remarries?  Most parties are able to negotiate these issues.  If they cannot, there will be a trial and a judge will decide.

To assist you with any of these issues, feel free to call one of the experienced matrimonial attorneys at Iandoli & Edens at (908) 879‑9499.

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