Law Lessons from Clemente v. Clemente, App. Div. (A-0290-06T3; Decided November 28, 2008):

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A judge may award alimony (permanent, rehabilitative, limited duration, or reimbursement) as the circumstances of the parties and the nature of the case render fit, reasonable, and just. N.J.S.A. 2A:34-23; Cox v. Cox, 335 N.J. Super. 465, 474-83 (App. Div. 2000). Permanent alimony is generally awarded where economic need has been demonstrated and the marriage was of long duration. Cox, supra, 335 N.J. Super. at 476.

The basic purpose of alimony is “to assist the supported spouse in achieving a lifestyle that is reasonably comparable to the one enjoyed while living with the supporting spouse during the marriage.” Crews v. Crews, 164 N.J. 11, 16 (2000). “The supporting spouse’s obligation is set at a level that will maintain that standard.” Innes v. Innes, 117 N.J. 496, 503 (1990) (citing Lepis v. Lepis, 83 N.J. 139, 150 (1980)). “Bare survival is not the proper standard, it is the quality of the economic life during the marriage that determines alimony.” Hughes v. Hughes, 311 N.J. Super. 15, 31 (App. Div. 1998).

Pursuant to N.J.S.A. 2A:34-23(b)(1)-(13), a trial judge must consider thirteen separate factors in determining whether to award permanent alimony and in what amount. The three essential considerations in fixing an alimony award are the dependent spouse’s needs, the dependent spouse’s ability to contribute to the fulfillment of those needs, and the supporting spouse’s ability to maintain the dependent spouse at the former standard of living to which the parties had become accustomed prior to their separation. Crews, supra, 164 N.J. at 24. When the supporting spouse is unemployed or underemployed, a court may impute income to him or her in order to set an appropriate alimony award consistent with the marital standard of living. Miller v. Miller, 160 N.J. 408, 424 (1999).