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The Matrimonial StrategistLJN NewslettersNewsSections

Marital Misconduct and Alimony

By Lynne Strober
October 30, 2006

Decisional law in New Jersey has long expressed the view that alimony is neither a punishment for the payor nor a reward for the payee. Aronson v. Aronson, 245 N.J. Super. 354, 364 (App. Div.1991). Rather, it is an economic right that arises out of the marital relationship that provides a dependent spouse with a level of support and standard of living commensurate with the quality of economic life that existed during the marriage. Stiffler v. Stiffler, 304 N.J. Super 96, 99 (Ch. Div.1997) (quoting Koelble v. Koeble, 261 N.J. Super. 190, 192-93 (App. Div. 1992)).

In all divorce actions, the court may award one or more of the following types of alimony: permanent, rehabilitative, limited-duration, or reimbursement alimony to either party. In so doing, a court shall consider 13 factors. N.J.S.A. 2A:34-23(b). The court must consider:

  • The actual need and ability of the parties to pay;
  • The duration 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 maintenance;
  • The parental responsibilities for the children;
  • The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability for the training and employment, and the opportunity for future acquisitions of capital assets and income;
  • 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;
  • The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, or of current income, to the extent this consideration is reasonable, just and fair;
  • The income available to either party through investment of any assets held by that party;
  • The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
  • Any other factors that the court may deem relevant.

The Impact of Marital Misconduct on Alimony

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