How Do You Qualify for Alimony in New Jersey?

It is far from uncommon for couples to find that money is the root of most of their marital issues. Sadly, divorce does not end money issues and can make things worse, especially if one spouse is financially dependent on the other. Alimony, or spousal support, is a court-ordered financial payment that one spouse makes to the other during the divorce process and, sometimes, for a period after. If you would like more information on whether you qualify for alimony in New Jersey, please continue reading, then contact one of our experienced alimony and spousal support attorneys in Bergen County, NJ today.

Who may qualify for alimony in New Jersey?

While either spouse may request alimony, the court will only award it after it has evaluated the following:

  • The actual need and ability of the spouses to pay
  • The length of the marriage
  • Each spouse’s age, physical and mental health
  • The standard of living during the marriage and the likelihood that both can maintain a reasonably similar lifestyle after the divorce
  • Each spouse’s earning capacities, educational levels, vocational skills and employability
  • The length of time the supported spouse was absent from the job market
  • Both spouses’ parental responsibilities
  • The time and expense necessary for the supported spouse to acquire education/training to find employment, the availability of the training and employment and the opportunity for future assets and income
  • The history of each spouse’s financial and non-financial contributions to the marriage
  • The equitable distribution of marital property during the divorce
  • Each spouse’s income from investment assets
  • Tax consequences of the alimony award to each spouse

What types of alimony can you qualify for in New Jersey?

Should the circumstances warrant it, either spouse may receive the following types of alimony:

  • Pendente lite alimony: Available while the divorce is pending.
  • Limited duration alimony: When the supported spouse needs time to become self-supporting.
  • Rehabilitative alimony: When the dependent spouse needs financial support while acquiring job training or education that will lead to financial independence.
  • Reimbursement alimony: If one spouse financially supported the other by helping support the other through an advanced education during the marriage and expected to benefit from the education, the court may order the other spouse to pay it back.
  • Permanent alimony: While exceedingly rare, the court reserves this form for long-term marriages where a dependent spouse is unable to become self-supporting.

If you have any questions about this or any other divorce- or family law-related topic, please do not hesitate to reach out to one of our skilled Bergen County, NJ family law and divorce attorneys to schedule your initial consultation.

Contact our experienced Bergen County firm

To speak with our team of family law lawyers today, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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