Spousal Maintenance in New Jersey
If you are going through the divorce process in New Jersey, you will need to have a good understanding of the state’s laws when it comes to spousal maintenance and alimony. Here are some important things to know regarding spousal maintenance in New Jersey.
Spousal Maintenance in New Jersey | Alimony and Spousal Support
As a New Jersey alimony lawyer, I am often asked what people should know about alimony and spousal support. In cases where a large disparity exists between the incomes of divorcing parties, the courts may order one spouse to pay alimony to the other. Aside for the income disparity, several other factors affect the calculation of alimony—including the couple’s lifestyle during the marriage, the dependent spouse’s needs, and the paying spouse’s ability to pay. The length and amount of alimony are based on many statutory factors, and an attorney can guide you in understanding the process.
Spousal Maintenance in New Jersey | Types of Alimony
Alimony is such a big ticket item in a divorce, which is why so many clients come to me with questions about how the process works and how much/long do you have to pay. Those are always the primary considerations. The legislation in New Jersey recently amended our alimony statute, so essentially there are two components to alimony. We have cases where there is a limited duration of alimony, meaning alimony is awarded for a finite amount of time. We also have cases involving open duration alimony, in which certain factors determine how long the alimony arrangement will continue.
The “how much” depends on the facts of your specific case. Perhaps there was a primary wage-earner while the other spouse stayed at home during the marriage. The stay-at-home spouse may be entitled to a larger sum of alimony in order to maintain the standard of living enjoyed during the marriage. Alimony is based on need, the ability to pay, and also the marital lifestyle. There are many factors that you want to discuss with your attorney.
If you are having issues with spousal maintenance in New Jersey, please contact our offices today.