Determining Spousal Support Payments in Bergen County
Spousal support in New Jersey, most commonly known as alimony, is determined based on a wide range of factors, including the spouses’ incomes and the duration of the marriage. While not every divorce case involves alimony, many do. When spousal support is awarded, it can have serious financial implications for both parties.
Your financial rights in divorce are important. Thus, accurately determining spousal support payments in Bergen County can play a critical role in protecting these rights. One of the most important early steps you can take is consulting with an experienced spousal support attorney at Moskowitz Law Group.
How Does the Court Calculate Spousal Support Payments?
Every divorce case is unique to the people involved and the specific circumstances that apply. There is no specific formula for calculating alimony in New Jersey. New Jersey courts consider various statutory factors when determining alimony awards intended to promote post-divorce financial stability that is fair to both spouses. An experienced attorney in Bergen County can help you understand how these factors may apply to your specific situation.
Primary Spousal Support Factors
The Length of the Marriage
The duration of the marriage plays a critical role in determining whether spousal support will be ordered and, if so, how much it will be. The longer the marriage, the more likely it is that one spouse will be financially dependent on the other. A prime example is an individual who sacrifices their own career to stay home with the children and support their spouse’s career in the process.
Spousal support is far less likely to be awarded in short marriages. For marriages less than 20 years in duration, spousal support generally cannot be payable for longer than the length of the marriage and will only extend beyond the length of the marriage under exceptional circumstances. For marriages that lasted 20 years or more, open durational alimony may apply, which means alimony may be payable without a specific end date.
The Standard of Living Enjoyed During the Marriage
Spousal support is intended to help the supported spouse maintain a standard of living after the divorce that is reasonably comparable to the standard of living they enjoyed during the marriage. The goal is ensuring that neither spouse experiences a dramatically reduced quality of life post-divorce.
While it is not unusual for both divorced spouses to face new financial realities, the objective is that one will not be significantly worse off than the other. The higher earner may have an alimony obligation, but it should not place an excessive financial burden on them. This is because New Jersey law states that neither spouse has a greater entitlement than the other to the standard of living enjoyed during the marriage. An attorney can advocate for a fair arrangement that considers both parties’ needs.
Additional Factors
Additional factors that can have a direct impact on alimony calculations include:
- Each spouse’s age and overall mental and physical health
- Each spouse’s actual income and earning capacity
- Each spouse’s parental responsibilities and the degree to which they affect earning capacity
- The division of marital property in the divorce
- Tax implications
A skilled lawyer will examine all of these factors to build a compelling case on your behalf.
Reach Out to an Experienced Bergen County Attorney for the Help You Need When Calculating Spousal Support
Determining spousal support payments in Bergen County is a complex legal matter that requires careful consideration of wide-ranging factors. If spousal support may be an issue in your divorce, the dedicated attorneys at Moskowitz Law Group are committed to protecting your financial rights in pursuit of a favorable outcome. We are on your side and here to help. Contact us today.
