Legal Question in Family Law in New Jersey

alimony calculated

In Sept 2001 my wife and I separated agreeing on a no fault 18 month separation divorce. I left the residence, but still paid the mortgage. She is now filing for alimony, I assume cancelling the no fault? The marriage began in Sept 1994. How is alimony calculated? Will the separation time be included in the calculation for the alimony? What is normal length of alimony for this time span of marriage? If my wife moved out & acquired an apartment in her name, her car loan is also in her name, how am I required to pay her alimony for her bills?


Asked on 6/02/03, 8:58 pm

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: alimony calculated

Alimonly is based on many factors, as set forth in New Jersey statute, as follows: (1) The actual need and ability of the parties to pay;(2) The duration of the marriage;(3) The age, physical and emotional health of the parties;(4) The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living; (5) The earning capacities, educational levels, vocational skills, and employability of the parties;(6) The length of absence from the job market of the party seeking maintenance;(7) The parental responsibilities for the children;(8) 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;(9) The history of the 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;(10) 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(11) Any other factors which the court may deem relevant. With regard to pendente lite (or temporary - prior to final determination) alimony, Courts usually attempt to maintain the status quo, although there is an interesting case that was recently decided which seems to indicate that if the party requesting alimony had changed the status quo, then perhaps that person is not entitled to pendente lite alimony. In any case, every alimony determination is complicated and very fact sensitive. A careful review of your circumstances would be necessary before your question could be clearly answered. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 6/03/03, 8:19 am
Edward Weinstein Law Office of Edward R. Weinstein

Re: alimony calculated

Thank you for your inquiry.

There are many factors that the Court will take into consideration when determining and/or calculating alimony, such as: a. length of marriage, income of the parties, health of the parties, work history of the parties, the standard of living during the marriage, etc.

As it would be my pleasure to speak to you regarding your potential divorce matter, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 6/03/03, 9:43 am
Bruce Matez Gerstein Grayson, LLP

Re: alimony calculated

I think you misunderstand the meaning of "no fault" divorce. It is simply a means of getting divorced without alleging that either party has been at fault for the breakdown of the marriage. It has no bearing on the financial issues between the parties, including alimony. Your questions are very general and really do not have any specific answers, other than, that alimony is determined based upon statutory factors. There is no set formula. It is fact specific. If you would like to further discuss the issues, please feel free to contact my secretary, Debbie, to schedule a consultation. 856-795-6700.

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Answered on 6/05/03, 5:19 pm


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