IS ALIMONY APPROPRIATE IN YOUR CASE? HAS YOUR SITUATION CHANGED SINCE THE DIVORCE?

IS ALIMONY APPROPRIATE IN YOUR CASE? HAS YOUR SITUATION CHANGED SINCE THE DIVORCE?

Learn more about alimony options in Camden, Burlington, Gloucester, & Cumberland County, NJ

Our attorneys are knowledgeable and experienced in counseling clients regarding the substance and application of alimony law in New Jersey. Alimony can be one of the most rancorous issues in divorce, so it helps to know that your attorney is familiar with the law, its application and other factors that might affect your alimony, whether you are paying or receiving. We will advise you as to what you can reasonably expect alimony.

The Tax Cuts and Jobs Act of 2017 (President Trump's new tax law) reversed the decades-long tax treatment of alimony as being deductible by the payor and taxable to the recipient. Our attorneys are prepared to help you navigate how the new tax treatment of alimony will affect you, now or in the future.

Most people are now aware of New Jersey's 2014 alimony reform. Even if you were already paying/receiving alimony when that was passed, there may still be aspects of the reform that can affect you, from changes in income and unemployment, to cohabitation and retirement.

New Jersey Alimony Statutory Factors

  • The actual need and ability of the parties to pay
  • The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably compared standard of living, with neither party having a greater entitlement to that standard of living than the other
  • The age, physical and emotional health of the parties
  • History of parental responsibilities and future obligations
  • The duration of the marriage or civil union
  • 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 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
  • The history of financial or non-financial contributions to the marriage or civil union by each party including the 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
  • The income available to either party through investment of any asset held by that party
  • The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment¬†
  • The nature, amount and length pendente lite support paid, if any
  • Any other factors the court may deem relevant


Whether you're paying alimony or receiving it, you need to consult with a family lawyer at Martine & Katz Scanlon, P.A. in Camden, Burlington, Gloucester, & Cumberland County, NJ today!