Determining Alimony in New Jersey
If spousal support is to be given, there are many factors that need to be considered to create a fair and comprehensive alimony payment structure. When a judge is determining alimony in New Jersey, it is essential that you work with a dedicated alimony lawyer who has experience handling cases like yours. If you do not file everything correctly or adequately document all assets, you may be saddled with larger alimony payments, or you may not receive the payment that you are entitled to from your ex-spouse.
Determining Earning Capacity
The primary and most important aspect of determining alimony payment is the earning capacities and income of the respective parties. If a person has been working the same job for some time, their salary or wages from that position would generally be considered their earning capacity. Additionally, if someone worked in the same type of position, earning the same type of wage for a long time, but they had become underemployed, earning less than they were, their earning capacity, a court could impute additional income to them and say that they have a capacity to earn additional income by working to their full potential.
The determined income of a party is also affected by their level of education and how that might impact what they could at some point earn. This could be another reason a higher income would be imputed. If a person is willfully unemployed in an attempt to avoid child support or alimony requirements, they will still be responsible for paying their due based on the salary they could, and should be earning.
Receiving Alimony Payments
If a person files a pendente lite application, they may be able to receive alimony payments before a final divorce decree is issued and before the proceedings have been completed. However, in other cases, a party may be barred from receiving alimony if they remarry, or if they cohabitate with another person in a marital type relationship. This all plays a role in determining alimony in New Jersey for couples who are legally dissolving their marriage.
An Attorney Could Ensure Your New Jersey Alimony is Determined Fairly
All parties to a divorce are entitled to an exchange of discovery, meaning that they are entitled to analyze and access all of the other party’s financial information as it is applicable to the divorce. This could be employment compensation, stock options, stock units, any investments they have, and even unearned income like real estate income. This discovery process is in place to ensure that nothing is hidden or left on the table, permitting the judge and each side to have an accurate depiction of the situation when determining alimony in New Jersey.
If you are going through a divorce, you may find yourself owing money to your spouse in the form of alimony, or you may be eligible to receive payment from your ex to maintain your standard of living. Whatever the situation is, you should consult a dedicated local spousal support attorney to ensure your rights are protected and to seek the best possible outcome. Call today to get started.