Awarding Alimony in New Jersey
Alimony, sometimes known as spousal support, is awarded maintain a reasonably comfortable standard of living for a spouse if there is a large disparity in the income. If one party to a divorce was a primary breadwinner and their spouse became used to a certain standard of living, there may be grounds for awarding alimony in New Jersey. If you are going through a divorce and you are unsure if you will owe or will be owed alimony, it is essential that you work with an attorney who has experience handling divorce cases with alimony concerns.
How Are Alimony Awards Determined?
There are fourteen different factors as outlined in N.J.S.A. 2A:34-23(b) that the court will take into account. These elements to consider are the age of the party, the dependency of one party on the other during the marriage, chronic illness or health condition, missed career opportunities to raise children or support the career of the other, childcare responsibilities, and the division of assets during the divorce. The tax implications of a person’s income and childcare expenditures are also generally considered.
If a spouse is unable to work or they are disabled, they may be entitled to additional financial support. This additional money may be necessary if they have mounting or continuing medical bills. The length of payment may also be significantly altered. However, every case is unique, so it is wise for people to speak with a local attorney about awarding alimony in New Jersey.
Non-Alimony Award Payments
The most common type of payment or award after a divorce that are not alimony payments would simply be the division of marital assets. When payment comes in a lump sum, it is generally the division of shared assets like bank accounts, real estate, or capital gains that were acquired during the course of the marriage. Additionally, if one spouse owes a debt to the other, they may repay what they owe, but it is not considered alimony.
While child support is a recurring payment like alimony, it is only for the benefit of any children that resulted from the marriage. It cannot be used for any other purpose.
A Lawyer Could Explain How Alimony is Awarded in New Jersey
Awarding alimony in New Jersey is often a large part of divorce proceedings. Any situation in which one spouse is not on an equitable financial footing when leaving their relationship could be grounds for spousal support. Unlike the division of assets where money is generally paid out in a single lump sum, alimony is a continuing payment to help the one ex-spouse out.
This is often the result of one spouse becoming accustomed to a particular standard of living, but then being unable to provide a reasonably similar standard of living for themselves after the marriage. This is generally a product of disparate income, missed career opportunities that were sacrificed to raise children, disability, and many other uncontrollable factors. To learn more about whether you might owe alimony to your ex-spouse or if you are entitled to payment after the dissolution of your marriage, reach out to an attorney today and schedule an initial case consultation.