In New Jersey, the Court may award permanent or rehabilitative alimony or both to either party, and in so doing shall consider, but not be limited to, the following factors:
- The actual need;
- Ability to pay;
- The duration of the marriage;
- The age of the parties;
- The physical health of the parties;
- The emotional health of the parties;
- The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
- The earning capacities of the parties;
- The educational levels of the parties;
- The vocational skills of the parties;
- The employability of the parties;
- The length of absence from the job market;
- The custodial responsibilities for children of the party seeking alimony;
- The time and expense necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the availability of the training and employment.
- The opportunity for future acquisitions of capital assets and income;
- The history of the 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;
- The history of the 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;
- 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
- Any other factors which the court may deem relevant.
Additional Comments From the Statute Regarding Alimony
When a share of a retirement benefit is treated as an asset for purposes of equitable distribution, the court shall not consider income generated thereafter by that share for purposes of determining alimony.
In any case in which there is a request for an award of rehabilitative or permanent alimony, the court shall consider and make specific findings on the evidence about the above factors.
An award of rehabilitative alimony may be modified based either upon changed circumstances, or upon the nonoccurrence of circumstances that the court found would occur at the time of the rehabilitative award. This section is not intended to preclude a court from modifying permanent alimony awards based upon the law.
In all actions for divorce other than those where judgment is granted solely on the ground of separation the court may consider also the proofs made in establishing such ground in determining an amount of alimony or maintenance that is fit, reasonable and just.