Alimony in New Jersey, 101

Alimony is monetary support of one spouse by another in the wake of a divorce. It is decided upon by the New Jersey Court and their decision is guided by New Jersey’s alimony laws.

In 2014, New Jersey’s new alimony law passed. This new statute is very different from the old law. Under the new statute, New Jersey permits four types of alimony: open duration alimony, limited duration alimony, rehabilitative alimony, reimbursement alimony or a combination. In order to determine alimony, the Court considers the following:

• The actual need and ability of the parties to pay,
• The duration of the marriage or civil union,
• The age, physical and emotional health of the parties,
• The standard of living established in the marriage,
• The earning capacities, educational levels, vocational skills and employability of the parties,
• The length of absence from the job market of the party seeking maintenance,
• The parental responsibilities for the children,
• The time and expense necessary to acquire sufficient education,
• The history of financial or non-financial contributions to the marriage,
• The equitable distribution of property,
• The income available to either party through investment of any assets,
• The tax treatment and consequences to both parties of any alimony award,
• The nature, amount and length of pendente lite (temporary) support paid, if any, and
• Any other factors which the court may deem relevant.

Termination of Alimony in NJ

Open duration and limited duration alimony terminate upon the remarriage of the dependent spouse and in some cases upon cohabitation. Rehabilitative alimony does not automatically terminate upon the remarriage or cohabitation of the dependent spouse.

The issue of whether cohabitation terminates or significantly modifies an award of permanent alimony has received much attention. The new alimony statute provides the court with more guidance in determining the termination or suspension of alimony based upon cohabitation than previously existed. The court is now permitted to suspend or terminate alimony based upon cohabitation. Cohabitation is defined as a mutually supportive intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage. The statute provides that cohabitation does require the maintenance of a single common household. The statute directs the court to consider the following:

• Intertwined finances such as joint bank accounts and other joint holdings or liabilities;
• Sharing or joint responsibility for living expenses;
• Recognition of the relationship in the couple’s social and family circle;
• Living together, the frequency of contact, the duration of the relationship and other indicators of a mutually supportive intimate personal relationship;
• Sharing household chores;
• Whether the recipient of alimony has an enforceable promise of support from another person
• All other relevant evidence.

In evaluating whether cohabitation is occurring and whether alimony should be suspended or terminated, the court shall also consider the length of the relationship.

Palimony

Palimony is basically alimony, but for couples who were not legally married in the first place. Under New Jersey law, couples that have cohabitated together but were never married are not entitled to either alimony or equitable distribution. New Jersey has not recognized common law marriage since 1939. A claim for palimony is, therefore, the only remedy available to a party who was never married, but who is seeking support from an ex-cohabitant. A party may make a claim for palimony only if the promise to provide support or other consideration, either during the course of such relationship or after its termination, is made in writing and is made with the independent advice of counsel for both parties.

Alimony, like every legal subject, is complex and it’s important that you have a good family law attorney. The attorneys at Gruber, Colabella, Thompson, Hiben & Montella are caring, thorough, and willing to stand firm for your rights. Click here to request a free consultation.