What do NJ courts examine when awarding alimony?

On Behalf of | Mar 22, 2021 | blog, family law |

Spousal support might be an essential consideration for someone filing for divorce in New Jersey. Once the marriage dissolves, a spouse may find themselves having to deal with unexpected expenses. A single income might not be enough to cover various costs, so requesting spousal support becomes necessary. Those seeking spousal support must realize the awards is subject to state law and other factors.

New Jersey and factors related to spousal support awards

The court examines many different elements when reviewing requests for alimony. Besides looking at the requesting party’s need, the court examines the other spouse’s financial situation and ability to pay. The court also reviews the marriage’s duration and the standard of living during the marriage.

One spouse may experience a particular “standard of living” while married, and losing that standard’s quality may be unfair in the court’s eyes. The court might examine the “reasonable” nature of a particular standard of living. The court could frown upon requests to maintain a lavish lifestyle, although each case is different.

Additional factors to consider

The courts may explore many factors that the spouses might not realize could factor into the final alimony decision. The support necessary to help finance a spouse’s education and re-entry into the job market may undergo a review.

Additionally, the current educational and work experience background of the spouse asking for support factors into requests. Does the spouse have a high or limited income potential? Looking at the spouse’s education and job skills might provide an answer.

New Jersey law regarding alimony may affect different spouses in various ways. For example, if a spouse causes grave bodily harm to a divorcing spouse’s family member and ends up convicted of aggravated assault, state statutes prevent awarding any support.

Anyone seeking a divorce who has questions about spousal support could direct those questions to an attorney. An attorney may discuss the approach to requesting support from the court.