Spousal support (also known as alimony) is sometimes awarded in New Jersey divorces. Courts usually grant it where one spouse has a much higher income or earning potential than the other. Unless your marriage lasted more than 20 years, spousal support is also typically temporary. Assuming you do qualify, how is the amount of support determined?
A divorce court can award one or more of the five types of spousal support available under New Jersey law:
The court will look at many factors in granting an award of support of any kind. Factors that the court will consider include:
A court has a great deal of discretion in deciding alimony. There is no specific legal formula. You and your soon-to-be ex-spouse can agree on terms, and the court can approve them. No support can be awarded to a spouse convicted of certain serious crimes.
The court will order support either in a lump sum or as periodic payments. Monthly payments are the most common. If the parties can’t agree on the payments, the court will issue an income withholding order to the paying spouse’s employer. If the paying spouse doesn’t pay, the receiving spouse can get enforcement help from the court.
If you are anticipating the need for support at some point during or after your divorce, you need to work with an experienced and knowledgeable divorce attorney who can present your case effectively.
The Law Offices of Kisha M. Hebbon, LLC in Somerset represents clients in divorce cases throughout New Jersey, including Somerset, Middlesex and Union counties. Call us at 732-873-6464 or contact us online today.