Divorce

When deciding whether or not to issue alimony, the judge must consider the following factors:

• the actual need for alimony and the ability of the paying spouse to pay;
• the length of the marriage;
• the age, physical health, and emotional health of both parties;
• the standard of living established in the marriage and how likely it is that each party can continue to have a reasonably comparable standard of living;
• the earning capacities, educational levels, vocational skills, and employability of both parties;
• how long you have been absent from the job market;
• each party’s parental responsibilities for the children;
• the time and expense necessary to get sufficient education or training to allow you to find appropriate employment and how available such training and employment is;
• any opportunities that you may have to get money or property (assets) in the future;
• the history of the financial or non-financial contributions to the marriage by each party, which includes contributions to the care and education of the children and the interruption of your personal career or educational opportunities;
• the division (“equitable distribution”) of property that was ordered in the divorce and any payouts from the equitable distribution, directly or indirectly, out of current income;
• the income available to either party through the investment of any assets held by that party;
• the tax treatment and consequences to both parties of any alimony award;
• the nature, amount, and length of temporary (pendente lite) support paid, if any; and
• any other factors that the judge believes are relevant.¹

¹ N.J. Stat. § 2A:34-23​(b)