Spousal Support

There are no set rules or law regarding alimony amounts and duration. Rather, statute requires courts to determine an appropriate amount and duration of alimony based on consideration of the following 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 in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
5. The earning capacities, educational levels, vocational skills, and employability of the parties;
6. The length of absence from the job market of the party seeking maintenance;
7. The parental responsibilities for the children;
8. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
9. The history of the financial or 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;
10. 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;
11. The income available to either party through investment of any assets held by that party;
12. The tax treatment and consequences to both parties of any spousal support award, including the designation of all or a portion of the payment as a non-taxable payment; and
13. Any other factors which the court may deem relevant.

One of the things to consider is that alimony affects child support so that, for the person paying alimony, it lowers the gross income of that person for child support calculation purposes, and vice versa. Also, while by no means black letter law, a general guideline often used to estimate alimony is to take 1/3 of the difference in the parties? gross incomes. This is referred to as the Judge Torack Rule. For example, using the Judge Torack Rule, if your gross annual income is $100,000 and her gross annual income is $50,000, your alimony obligation would come out to be $16,667 per year, or $321 per week. ($100,000 – $50,000 = $50,000 / 3 = $16,667). Once again, this is not mandated by statute, rule, case, law or otherwise. It is simply a useful tool practitioners use in estimating what an appropriate alimony award might be. Still, all of the factors listed above must be taken into consideration.

Spousal support is a monthly payment from one ex-spouse to the other after a divorce. It is generally ordered by a judge for a set length of time but may last indefinitely. It is also known as alimony, although the term “spousal support” is generally preferred.

The lower-earning spouse is generally the one eligible for spousal support. If this spouse needs time after the divorce to reenter the workforce, for example, spousal support is meant to support that spouse’s needs in the meantime.

Yes. Spousal support can be short-term and end after the divorce is finalized, or it can last for a longer period of time. Alternatively, you may be able to arrange a lump sum to cover your ex’s financial needs during and after the divorce.

Absolutely. If your circumstances have changed since the spousal support order was enacted, your lawyer can help you request a modification to the support agreement. An increase in your ex-spouse’s income is also an appropriate reason for requesting a modification.

Generally, infidelity does not affect whether or not you’ll end up paying alimony. If you have concerns about potential alimony, speak with an alimony lawyer for men in NJ.

It depends on your circumstances, but your attorney may be able to negotiate a favorable spousal support arrangement without you going to court. This may save you money in turn.

Retirement may be an adequate reason to stop paying child support, but it’s not a given. You’ll have to notify the court of your retirement and request a decrease or termination of the support.

Yes. Spousal support is terminated when the receiving spouse remarries or if either spouse passes away.