The factors used in determining the amount of alimony is to be paid are specifically set out in NJSA 2A:34-23.
There is a rebuttable presumption that applies to people who entered agreements after 2014, which also considers the ages of the parties at the time of retirement, and at the time of their entry into the agreement.
Other factors include how long the supported spouse was dependent on the payor spouse during the marriage and whether or not the person receiving alimony has sacrificed other claims or property rights.
For example, if alimony was paid in lieu of other equitable distribution, it’s less likely that alimony would end because you negotiated different terms.
Another factor is how long alimony has already been paid, the health of the parties at the time the retirement application is made, the assets of the parties at the time of the retirement application, or whether or not they have reached full retirement age.
New Jersey recognizes full retirement age as, 67 so if you have a significant age disparity, for example where the payor is 67 but the person receiving support is maybe 57, that’s another factor that’s considered.
Other considerations include whether the parties might have other sources of income including pensions, part-time employment, and the ability of the recipient to have saved adequately for retirement, which is one of the factors that differ for pre-2014 agreements and post 2014 agreements.
