What Is My Spouse Entitled to in a Divorce in New Jersey?

A divorce is an emotional and stressful experience. Being unsure about what you may or may not be entitled to can make it even scarier. Moskowitz Law Group’s experienced Family Law Attorneys can help guide you throughout the divorce process and are available to help you understand the Court system and your rights.

Elimination of Gender Considerations Under The Law

The law and treatment of spouses in a divorce proceeding are neutral in the State of New Jersey. That being said, many modern adaptations of the so-called “traditional” gender roles in family life still persist. Today, both Wives and Husbands may find themselves as the primary homemaker and caretaker while their spouse is the provider..

Dividing Assets in a Divorce

In a New Jersey divorce, a Spouse is not necessarily entitled to a precise percentage of the family’s assets. This is because New Jersey is an equitable distribution state. The Court does not automatically divide property 50/50 between the parties, but instead employs certain statutory factors to determine a fair and equitable division of the couple’s assets. The division is not necessarily equal. This is especially true in cases where a spouse does not work or earns much less than their partner. A clear disparity in incomes may result in a spouse receiving a greater share of marital assets in order to level the playing field post-divorce.

The Court will examine all the assets that the spouses, or either of the spouses, acquired during the marriage, such as homes, vehicles, bank accounts, investment accounts, and retirement assets. The contributions of a homemaker are given consideration in the equitable distribution process.

Is My Spouse  Entitled to Alimony?

A spouse is not automatically entitled to alimony in a divorce. The purpose of alimony is to ensure that a lower-earning spouse is able to maintain a standard of living that is reasonably comparable to the standard of living they had during the marriage. There are many factors that the Court considers in determining whether to award alimony to a spouse, including what kind of lifestyle the parties had during the marriage. However, a large disparity in incomes would result in the lower-earning spouse not being able to maintain the couple’s standard of living after a divorce. Accordingly, income is a benchmark for a spouse to receive alimony.

The length of the marriage is arguably the second most important factor when the Court is considering whether to award alimony. If the parties were married for a short period of time, a spouse may only be entitled to short-term alimony. In New Jersey, if a marriage is under twenty years, the maximum amount of alimony a party can receive is the duration of the marriage.

What About Child Custody and Child Support?

A child custody determination is made based upon your child’s best interests. Thus, the presumption that custody should automatically be awarded to either parent does not exist. The Law requires the Court to take every effort to ensure your children have frequent and continuing contact with both parents after their parents’ divorce. This makes shared custody the. That said, if, for example, the wife was primarily responsible for raising the children and the husband was much less involved, the Court will give this serious consideration in determining child custody and may award primary custody to the wife. Child support is a child’s statutory right under New Jersey Law. It is calculated using the Child Support Guidelines, which is a rule established by state law used to determine the financial support a non-custodial parent must provide for their children. Thus, if, for example, a wife is awarded primary custody, or has less income than her husband in a shared custody arrangement, the husband must pay child support to the wife.

Speak to a Family Law Attorney About What Your Spouse Is Entitled to in a Divorce in New Jersey

Now that you have a better understanding of what your spouse is entitled to in a New Jersey divorce, you probably have a long list of questions. A knowledgeable and compassionate Family Law Attorney at Moskowitz Law Group has the answers you need. Contact us today at 201-488-3388.