Divorce is never easy. Emotions run high, and the unknowns can feel overwhelming, especially when it comes to finances. One of the most common questions people ask during the divorce process in New Jersey is whether they will receive alimony. If you’re considering divorce or already going through one, understanding how alimony works and what factors influence the court’s decision is essential. Continue reading and reach out to a knowledgeable Morris County alimony lawyer from Leslie Law Firm to learn more. Here are some of the questions you may have:
How Does New Jersey Determine Alimony?
In New Jersey, alimony isn’t automatic; it’s not something you’re guaranteed just because you’re ending a marriage. Instead, the court takes a thoughtful and comprehensive approach, looking closely at many aspects of the marriage and each spouse’s financial situation. The goal of alimony is to help the lower-earning spouse maintain a lifestyle reasonably comparable to the one established during the marriage.
There are several types of alimony in New Jersey: open durational, limited duration, rehabilitative, and reimbursement. The kind you may be eligible for depends on your circumstances. For example, if you were married for over 20 years, the court may consider open durational alimony, especially if one spouse sacrificed career opportunities to support the household. On the other hand, if the marriage lasted less than 20 years, alimony might only be granted for a specific period.
To determine the amount and duration of alimony, the court examines multiple statutory factors. These include the length of the marriage, the age and health of both parties, each person’s income and earning capacity, the standard of living during the marriage, and the contributions each spouse made—both financial and non-financial.
What If I Was the Stay-at-Home Parent?
If you spent the majority of your marriage caring for the home and children while your spouse was the primary breadwinner, you might be eligible for alimony. The court values non-financial contributions like raising children and managing the household. These roles often impact a person’s ability to re-enter the workforce or earn at the same level as their spouse.
In such cases, rehabilitative alimony may be awarded. This type of support helps you gain the education or training necessary to become self-sufficient. It’s not meant to last forever, but it can be a critical bridge during the transition.
Can My Spouse and I Agree on Alimony Without Going to Court?
Absolutely. Many couples are able to reach an agreement on alimony through negotiation or mediation. This is often less stressful, less expensive, and faster than litigating the issue in court. If you and your spouse can come to terms on the amount and length of alimony, the court will usually honor that agreement—as long as it’s fair and both parties entered into it willingly.
That said, it’s crucial to have an experienced divorce attorney review any agreement before it’s finalized. Once an alimony order is in place, modifying it can be difficult, especially if circumstances haven’t significantly changed.
If you have further questions or are about to go through the divorce process, please don’t hesitate to contact Leslie Law Firm today.
