There are many divorced couples that have questions about how alimony / spousal support is determined in New Jersey. The New Jersey Revised Statutes Title 2A, Section 2A:34-23 outlines the state’s civil and criminal justice administration. It provides specific guidance on calculating and enforcing alimony and spousal support in divorce proceedings. This article aims to provide a clear overview of this statute and its impact on determining spousal support in New Jersey.
Spousal support, also known as alimony and/or spousal maintenance, is a payment made from one spouse to another due to a divorce or legal separation. In New Jersey, spousal support is determined by the Revised Statutes Title 2A, Section 2A:34-23. This statute provides the framework for calculating alimony and establishes the guidelines for its enforcement.
Factors Considered in Determining Spousal Support
Under the provisions of the Revised Statutes Title 2A, Section 2A:34-23, the following factors are considered when determining the amount and duration of spousal support:
- The actual need & ability of the parties to pay
- The time length of the marriage
- The age, physical & emotional health of the parties
- The quality of life that is established during the marriage
- The earning capacity, education levels, vocational skills, & employability of the parties
- The length of absence from employment for the party seeking maintenance
- The parental responsibilities for the children
- The costs and duration of acquiring the right education or training to ensure that the individual seeking maintenance can successfully secure a job
- Each partner’s financial and non-financial role in the marriage, including investments for the children’s upbringing and education, as well as any personal career or educational goals that had to be sacrificed, should all be taken into consideration
- The equitable distribution of property ordered and any payouts on equitable distribution, direct or indirect, out of current income, to the extent this consideration is reasonable, just, and fair
- Additional factors which the NJ court may deem relevant
Enforcement of Alimony Payments
Under the Revised Statutes Title 2A, Section 2A:34-23, the court has the authority to enforce alimony payment. If a spouse fails to make the required payments, the court may take enforcement actions such as wage garnishment, tax refund interception, or even jail time. The court may also modify the alimony award if circumstances change, such as a loss of employment or a significant increase in income.
It is clear that understanding the provisions of the Revised Statutes Title 2A, Section 2A:34-23, is essential for anyone involved in a divorce or legal separation proceeding in New Jersey. The statute provides the framework for calculating alimony and establishes the guidelines for its enforcement. The court can decide what is fair, reasonable, and just for both parties involved by considering the relevant factors. If you are facing a divorce or legal separation in New Jersey and need assistance determining spousal support, the Law Office of Jennifer J. McCaskill is here to help. Our experienced team of attorneys will work tirelessly to protect your rights and ensure that you receive the fair and just outcome that you deserve. Whether you seek alimony or defend against a claim for support, our knowledgeable attorneys have the expertise and experience necessary to help you achieve your goals.
In addition to our extensive knowledge of the Revised Statutes Title 2A, Section 2A:34-23 and its impact on spousal support, we also deeply understand the broader context of family law in New Jersey. We aim to help you navigate this complex and emotional process confidently and achieve the best possible outcome for you and your family.
Spousal support is a critical aspect of divorce and legal separation proceedings in New Jersey. By understanding spousal maintenance and working with a knowledgeable attorney, you can be sure that your rights are protected and that you receive fair compensation and the suitable outcome you deserve.
Whether you are facing a divorce, legal separation, or any other family law issue, the Law Office of Jennifer J. McCaskill is here to help. Contact us today to schedule a consultation and learn more about how we can be the legal guide for your case.
