As a family law expert in northern New Jersey, I have seen firsthand how alimony can be one of the most contentious issues in a divorce case. Also known as spousal support or maintenance, alimony is a court-ordered payment from one spouse to the other after a divorce. Its purpose is to help the lower-earning spouse maintain their standard of living and financial stability after the marriage ends.
Factors Considered in Determining Alimony
Alimony is not automatically granted in every divorce case. The court takes several factors into consideration when determining whether or not to award alimony and how much should be paid.These factors include:
- Length of the marriage: The duration of the marriage is an important factor in determining alimony. Generally, longer marriages are more likely to result in alimony payments.
- Income and earning potential: The court will consider the income and earning potential of both spouses. If one spouse earns significantly more than the other, they may be required to pay alimony.
- Age and health: The age and health of both spouses are also taken into account. If one spouse has a chronic illness or disability that prevents them from working, they may be entitled to receive alimony.
- Standard of living during the marriage: The court will also consider the standard of living that was established during the marriage.
If one spouse was accustomed to a certain lifestyle, they may be entitled to receive alimony to maintain that lifestyle after the divorce.
- Custody arrangements: If there are children involved in the divorce, custody arrangements can also impact alimony. The court may award more alimony to the custodial parent in order to support the children.
- Contributions to the marriage: The contributions of each spouse to the marriage are also taken into consideration. This includes both financial contributions and non-financial contributions, such as caring for children or managing the household.
- Education and training: If one spouse gave up their education or career opportunities to support the other spouse's career, they may be entitled to receive alimony to help them get back on their feet.
Types of Alimony in Northern New Jersey
In northern New Jersey, there are several types of alimony that may be awarded in a divorce case. These include:- Open durational alimony: This type of alimony is awarded in long-term marriages and has no set end date.
It is typically awarded when one spouse is unable to support themselves due to age, illness, or disability.
- Limited duration alimony: This type of alimony is awarded for a specific period of time, usually for a few years. It is intended to help the lower-earning spouse get back on their feet and become self-sufficient.
- Rehabilitative alimony: Rehabilitative alimony is awarded when one spouse needs financial support while they undergo education or training to become self-sufficient.
- Reimbursement alimony: This type of alimony is awarded when one spouse supported the other through education or training during the marriage. It is intended to reimburse them for their contributions.
Modifying Alimony Orders
In some cases, circumstances may change after an alimony order has been issued. For example, if the paying spouse loses their job or the receiving spouse gets a significant increase in income, the alimony order may need to be modified.In order to modify an alimony order, the requesting party must demonstrate a significant change in circumstances that warrants a modification.
