Depending on your situation, you may intend to petition for alimony in an imminent divorce. You have much better odds of receiving a fair spousal support award when you understand how the court approaches alimony.
If you are divorcing in New Jersey, here is what you need to know about spousal support.
Duration of alimony
The state’s alimony laws have undergone significant changes, particularly regarding the duration of support. Payments are limited to the length of the marriage for those that last up to 20 years. For example, if a marriage lasted 11 years, alimony cannot extend beyond that period.
However, amid “exceptional circumstances,” the court may grant open-durational alimony, which can last longer.
Factors courts consider
When determining alimony, New Jersey courts examine several factors, including:
- Standard of living: The lifestyle established and maintained during the marriage.
- Earning capacity: The ability of each spouse to earn a gainful income.
- Age and health: The age and physical condition of both parties.
- Education and job skills: The education level and employability of each spouse.
- Parental responsibilities: The custodial responsibilities for any minor children.
The contributions each spouse made to the household and family can also play a role in alimony determinations.
Modification of spousal support
Either party can file a petition to modify alimony arrangements if there is a significant change in circumstances, such as job loss or income increases. Additionally, when the paying spouse reaches retirement age, support can be modified or possibly even terminated.
If you still have questions or concerns, getting the right information is critical. Someone familiar with New Jersey spousal support laws can offer experienced guidance.
