Divorce Alimony in New Jersey
Divorce Papers > Divorce Alimony > Divorce Alimony in New Jersey
Dissolution of marriage is quite a painful phase in a person's life who has been going through this procedure. Apart from mental disturbances, there are a lot of practical problems faced by the spouses undergoing termination of marriage. Separation from the partner can cause the financial issues like unavailability of income sources or dearth of property. To overcome such problems, spousal maintenance is arranged by law. The spouse who is earning more income is asked to share some part of it with the other. A payment structure and duration for such maintenance differs in every state. Divorce alimony in New Jersey will be determined on the basis of state laws and statutes governing this issue
Factors considered in New Jersey Divorce Alimony
The court takes into account the following factors while deciding the amount and duration of payment -
All these points will be studied by the court by analyzing the testimonies of the partners and the facts presented by the lawyers. After pondering over all these issues, the court finalizes the option for payment of maintenance.
- During the court proceedings, has the court issued orders for distribution of property? If yes, are these equitable? Is there any payout from the current income of the spouses on equitable distribution, directly or indirectly?
- During the marital life, what have been the non financial and financial inputs of each spouse to the marriage? These are inclusive of the following -
- Education and care of children
- Interruption of personal careers or educational chances.
- The duration of time and the expenditure essential for the spouse to attain enough education or training to become suitably employed. The court may check -
- What is the availability of such training and employment opportunities?
- What chances does this spouse have for in the future to become self reliant?
- Does the party seeking spousal support have custodial responsibilities of children? How long had the spouse been out of job?
- The educational levels, employability, vocational skills and earning capacities of both the spouses.
- What standard of living was experienced in marital life? Is there any possibility that after the dissolution of marriage each spouse can continue the same standard?
- The emotional state, physical health and age of both the partners.
- The duration of marital life.
- The requirement and capacity of the parties to disburse the amount.
- If a specific support is granted, then what would be the effects on both spouses, inclusive of the effects on taxes?
- If any party has invested money in assets, what is the income obtained through these assets?
- Parental responsibility of both spouses.
- Any other issue that the court thinks is relevant to this topic.
Types of New Jersey Divorce Alimony
- This is a compensation for the financial sacrifices made by the spouse (recipient) during marital life, as these sacrifices assisted in raising the earning capacity of the other spouse (payer).
- This spousal support comprises of contributions for the ex spouse's educational expenditures and household expenses.
- If the supported spouse remarries, this payment order does not cease.
- The objective is that the payer spouse must help the recipient till the latter attains education and/or training to become aptly employed to support self.
- If the recipient remarries, these payments do not terminate
- This maintenance will be stopped after the beneficiary has attained satisfactory employment to become self reliant.
Limited Duration Alimony
- The payments must be done for a specific duration of time. The period may range for three to seven years.
- Generally, this maintenance is awarded in case of mid length marriages.
- If there is an alteration in the circumstances of the spouses, this plan might be modified by the court. The spouse seeking such modification should be able to furnish enough evidence that the circumstances have changed since the first order was issued.
- Usually, this is awarded in case of long term marriages and when there is a large difference in the earning capacity of the partners.
- If there is a change in the circumstances of the spouses, the payments can be altered.
Apart from these types, the court may grant temporary support that is valid till the final decree of divorce is issued. This is a kind of assistance to a spouse to overcome the financial difficulties caused by dissolution and find appropriate sources of income for survival. This order will be terminated once the litigation is over.