Divorce proceedings in New Jersey can quickly become contentious affairs that negatively affect all parties involved. With hurt feelings, broken marriages, and confused children complicating matters, couples turn to their divorce lawyers to help guide them through the process. When it comes to figuring out the particulars of alimony, child custody, and parenting time, the New Jersey court can swiftly become hostile. 

The purpose of alimony payments centers around the idea that people have become accustomed to a particular lifestyle. Now that they have divorced their spouse, they won't meet that threshold. It's an aspect of family law that leads to the most heated arguments in the courts — how does one prove what their lifestyle was like, and how do they come up with the number for their former spouse to pay? 

General rules of thumb can prove helpful guidelines for this type of family; however, they are not the end-all-be-all for determining alimony and child support payments. Several additional factors can determine the overall number, who pays what, and when they make the payments. 

Real-world circumstances often complicate the calculation of alimony numbers, who can receive and make payments. The needs of one party and the ability of the other to make those predetermined payments go a long way towards determining how the alimony payments are calculated.

The length of the relationship and marriage helps inform the judge of how much a particular payment structure gets set up. The longer a particular marriage lasted and the more accustomed they became to that lifestyle are significant determinants of the ongoing alimony payments. There is no set formula for the number of years and is determined on a case by case basis.  

The ongoing health of the former couple becomes a critical factor the older the participants are. With older couples going through a divorce, things like retirement funds, assets, and other sources of income can become part of the determination of alimony payments. 

How each party's career is set up moving forward can become a determining factor in setting the alimony payments. Their level of education, career prospects, and employment in the current job market will help inform the judge of what these payments will look like moving forward. 

During the legal separation and divorce process, the courts will figure out how the breakdown of parental responsibilities will be moving forward. As to who gets primary custody, parenting time, and all of the gritty details, the courts can also determine who receives child support and how much they can expect to help take care of the former couple's children. The New Jersey Child Support Guidelines are used to calculate child support based upon the incomes of the parties, number of overnights, and deductions such as for medical, retirement, and/or union dues.

The family law system in New Jersey can be fraught with challenges and hurdles that you need to navigate through an already contentious divorce. Understanding how alimony is calculated and what factors influence the final number can go a long way towards helping you know what to expect in the future. Berg & Pearson, P.C. is here to help guide you every step of the way towards the final marital settlement agreement.