Spousal support, also known as alimony, is a financial arrangement made during a divorce where one spouse provides financial assistance to the other. In New Jersey, several factors determine the amount and duration of alimony. Understanding these factors can help you know what to expect in your own case.
Length of the marriage
The length of the marriage plays a significant role in determining spousal support. In general, longer marriages may lead to longer or higher alimony payments. For marriages that lasted several years, a court may consider awarding permanent alimony. For shorter marriages, the court may only award temporary support.
Financial needs and ability to pay
One spouse’s financial needs and the other spouse’s ability to pay are crucial. The court will assess both parties’ incomes, assets, and standard of living during the marriage. If one spouse needs financial support to maintain a similar lifestyle, and the other spouse can afford to pay, alimony may be granted.
Age and health of both spouses
The age and health of both spouses can impact the decision. If one spouse is elderly or in poor health, they may have difficulty supporting themselves, which could lead to a larger alimony award. The court will also consider the paying spouse’s financial stability and ability to provide support without hardship.
Earning capacity and job skills
A spouse’s earning capacity and job skills are also factors. If one spouse has been out of the workforce for an extended period, they may need alimony to help gain employment or retrain. The court will assess whether the spouse is capable of supporting themselves independently or needs time to become financially self-sufficient.
Contribution to the marriage
Both financial and non-financial contributions to the marriage are considered. For instance, a spouse who stayed home to care for children may be entitled to alimony to compensate for the time they spent away from the workforce. The court recognizes these contributions when determining the need for spousal support.
In New Jersey, spousal support depends on many factors that vary from case to case. By understanding these factors, you can better prepare for the outcome of your case.