Finances are an integral part of a New Jersey divorce. Because there is a significant disparity in income in assets in many marriages, people will want to know how the divorce will impact them with paying and receiving alimony.
One factor in alimony is the duration of the marriage. For people who had a marriage that did not go beyond 20 years, there are rules in place as to how long alimony will last. However, they are not set in stone and it is important for both sides to know when exceptional circumstances might come into play.
Understanding exceptional circumstances with alimony
For marriages shorter than 20 years, the court will not order alimony for a duration that goes beyond the length of the marriage. Other issues can be considered to go beyond that. That can include how much time it might take for the person receiving alimony to get an education or job training for self-support, if there are children, the supporting spouse’s income, and the marital lifestyle. It will also look at the need for separate residences and the cost of living associated with it.
Regarding exceptional circumstances, the court can adjust the duration of alimony as it sees fit. The parties’ ages when they got married and when the alimony award is made will be considered. Age can be connected to future earnings, job prospects, needs and more.
Dependency will be factored in. If one person was the primary or sole breadwinner and the other person simply does not have the experience or education to maintain their marital lifestyle and support themselves, the court can address this with the alimony award. Health considerations such as a person having a chronic illness can lead to the alimony award going beyond the conventional boundaries.
In many marriages, a person put their own career and life objectives to the side to support the other person. If that has happened, then the court can adjust the duration and award accordingly. Equitable distribution of property is a fundamental part of every divorce case. How property is split can vary and if, in the court’s view, it is disproportionate, this can be mitigated through alimony.
Being prepared can help with a fair outcome in a divorce
The duration of the marriage will not prevent the court from exercising its discretion to go beyond the conventional parameters. Still, this can be worrisome to some as finances play a major role for the future. To be protected during a divorce, it is vital to understand the law and know how to ensure a fair alimony determination is made.