In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support in New Jersey. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony in New Jersey is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage earning or lower-wage earning spouse. For a summary of divorce and alimony law in New Jersey, go to divorcesource.com.

To be eligible for alimony, spouses in all states, including New Jersey, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In most states, alimony awards lack the enforcement power that child support orders have, which include wage garnishment and property liens. Recipient spouses do have the option of returning to court to force payment through a contempt action.

In New Jersey, courts may award temporary alimony while the divorce action is pending. Most spousal support awarded in New Jersey is for a limited amount of time as opposed to indefinitely. Alimony awards in New Jersey may be modified by showing a change in circumstances.

New Jersey law recommends that courts consider the following factors when awarding alimony:

• The actual need and ability of the parties to pay
• The length of the marriage
• The age and physical and 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, educational levels, vocational skills, and employability of the parties
• The length of absence from the job market of the party seeking alimony
• The parental responsibilities for the children
• The time and expense necessary for the party seeking alimony to acquire the education, training, or job experience necessary to qualify the party to obtain appropriate employment, and the opportunity for future acquisitions of capital assets and income
• The history of 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
• Equitable distribution
• The income available to either party through investment of any assets held by that party
• The tax consequences of alimony

In the United States, alimony is treated differently tax wise from child support payments. In New Jersey, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement.  For a comprehensive review of divorce and alimony laws in New Jersey, go to lawyers.com.