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YES THERE IS ALIMONY IN NEW JERSEY

One of the most frequent statements made to me during a first meeting is, "there's no alimony in New Jersey, right." They could not be more wrong. That is why I have decided to write this blog. It's time to get the truth out there about divorce, child support, custody and the process.

Yes, there is alimony in New Jersey. The trial court must consider the statutory factors for alimony stated in N.J.S.A 2a:34-23(b). Those factors include:

1. The actual need and ability of the parties to pay;

2. The duration of the marriage;

3. The age and physical and emotional health of the parties;

4. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;

5. The earning capacities, education levels, vocational skills and employability of the parties;

6. The length of absence from the job market and custodial responsibilities of the party seeking maintenance;

7. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and the opportunity for future acquisitions of capital assets and income;

8. The history of the financial and non-financial contributions to the marriage by each party, including contributions to the care and education of the children and interruption of personal careers or educational opportunities;

9. The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income to the extent this consideration is reasonable, just and fair; and

10. Any other factor which the Court may deem relevant.

It is important to insist that the Court look at each and every one of these factors. Too often, the Court looks at the length of the marriage and the difference in income and makes a decision. If alimony is an issue in the case, insist that your attorney address each factor. Whether you are paying alimony or receiving alimony, it is in your best interest to have every factor covered in detail.

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