When most people hear the word “alimony,” they may still picture a man paying his ex-wife a monthly support check after divorce. But modern laws—and modern relationships—have evolved.
In the Garden State, alimony is gender-neutral, meaning that either spouse, regardless of gender, may be ordered to pay support to the other.
Alimony in the Garden State
Alimony helps the lower-earning spouse maintain a lifestyle reasonably comparable to what they experienced during the marriage.
The Garden State’s family courts evaluate several elements to determine if alimony is appropriate. These factors include, but are not limited to:
- The financial need and ability of each party to pay
- Parental responsibilities, especially involving minor children
- The time and resources needed for the dependent spouse to become self-sufficient
No single factor is decisive. The court weighs all of these elements holistically to reach a balanced decision.
Types of alimony in the Garden State
Open durational alimony is often awarded in long-term marriages. This type of support can continue until:
- Either party dies
- The recipient remarries
- The recipient cohabits with a new partner
Limited-duration alimony is common in shorter marriages and is awarded for a fixed period to help the dependent spouse transition to financial independence.
When women pay alimony
As more women become primary breadwinners in their households, it’s increasingly common for women to be ordered to pay alimony following a divorce. This might occur if the husband:
- Earns significantly less
- Was a stay-at-home parent
- Sacrificed career advancement for the marriage
In such cases, the court will apply the same standards as it would if the roles were reversed.
The courts do not assume one spouse should pay support simply because of traditional roles. If a woman earns more or has greater assets, she may be required to pay alimony after divorce. Individuals who find themselves in such a predicament should enlist legal guidance to find out the type of alimony they might be required to pay.