Alimony in New Jersey

Spousal support has traditionally been referred to as alimony. It is the temporary or permanent financial contribution from one spouse to the other pursuant to the terms of the divorce. There are several general categories of spousal support that may be applicable to the parties depending upon their specific circumstances and needs.

  • (a) Permanent Support – is generally awarded in instances where there has been a long-term marriage and/or a spouse is unable to be self-supporting.
  • (b) Limited Duration Support – is sometimes ordered for a specific period of time in an effort to allow a party to obtain certain skills, enter the work force and become self-supporting.
  • (c) Rehabilitative Support – is a temporary plan for support for an unspecified period of time. This is sometimes applicable to permit a party to complete specific education or training requirements.
  • (d) Reimbursement Support – is sometimes applicable when one party has contributed financially during the course of the marriage in an effort to place the non-contributing party in a position where their future earnings will increase dramatically, (i.e., supporting a spouse through medical school).

The factors in determining which type of spousal support is applicable and the amount of such support is specific to the parties’ individual circumstances. Factors that are considered are the age of the parties, the length of the marriage, the skills and earning capacities of the parties. Also, the distribution of marital assets may be considered in the award or waiver of spousal support.

With the assistance of a competent attorney the assets, liabilities and income of the parties as well as their financial needs can be analyzed. From that information, guidance as to the level of spousal support can be provided.

Alimony & Palimony

There are many questions and misconceptions about the issues of alimony and palimony in the State of New Jersey.  It has long been settled that “common law marriages” are not recognized in New Jersey.  This does not always work as a prohibition to an alimony type (palimony) award of support.

Under certain circumstances at the termination of a marriage, a spouse may be entitled to alimony.  Presently, there are four (4) types of possible alimony awards available to a spouse.  Traditionally, permanent alimony was the only type of alimony a spouse was entitled to receive.  Presently, when there is a long term marriage permanent alimony is still available to a spouse.  New Jersey Law provides a list of twelve (12) factors which are to be considered in the awarding of alimony.  N.J.S.A. 2A:34-23.  The duration of the marriage and the earning capacities, education levels and abilities of the parties to support themselves are a primary concern in making this determination.

In an effort to recognize a dependent spouse’s contribution to a relatively short term marriage (or civil union) limited duration alimony is available.

Rehabilitative alimony is available when it can be shown that the spouse will be capable of becoming self-supporting at the end of the rehabilitative period.  Often this involves the opportunity for the dependent spouse to return to school or to obtain job training.

In New Jersey, the attainment of an advanced educational degree or a professional license is not subject to equitable distribution.  Reimbursement alimony is available when a spouse has made sufficient contribution to the other spouse’s educational and/or professional goals.  While other forms of alimony typically terminate upon the re-marriage of the spouse, reimbursement alimony does not.

For the most part, the right to alimony is based upon economic factors and the cause leading to divorce will typically not be considered in an award for alimony.  If it is the actions of one party that precipitated the marital breakup, that reason alone, will not be a reason to award alimony to the other spouse.

A cause of action for an award of palimony does exist in New Jersey.  In order for a palimony award to exist, all of the prima facia elements of the claim must be met.  Crowe v. DeGioia, 90 NJ 126 (1982) .  An essential element of a palimony claim includes a promise to provide ongoing support.  The term of the union and a promise for support, are key elements in making this determination.  Continued cohabitation had previously been considered an indispensable element of the claim for palimony.  It remains essential however, that a “marital-type relationship” exists and mere cohabitation will not be sufficient to sustain a cause of action for palimony. Devaney v. L’Espranze, 195 NJ. 247 (2008).

Pre-Nuptial Agreements

A pre-nuptial agreement is an agreement between the parties prior to marriage.  The agreement typically sets forth the manner in which the parties are to distribute marital and non-marital assets.  The manner for making any financial disbursements to is memorialized in the written agreement.

The Court looks to a three prong test in determining whether such a pre-nuptial agreement is enforceable.  There must be full financial disclosure between the parties prior to entering into the agreement.  It is essential that the party sought to be bound by the agreement knew and understood the terms and conditions of the agreement.  (This prong is usually satisfied by the spouse being represented by competent legal counsel).  Essential to the enforceability of virtually all agreements; the agreement must be fair and not unconscionable.  The agreement cannot leave a spouse (or a minor child) destitute or in a life style far below that which existed prior to or during the marriage.  D’Onofrio v. D’Onofrio 200 NJ Super 361 (app. div. 1985).