Can I Expect Alimony After My Divorce?

Going through a divorce can be an overwhelming experience, and many individuals find themselves wondering about the financial implications post-separation. One of the most frequently asked questions is whether alimony will be awarded and, if so, how much can be expected. In New Jersey, alimony laws can be complex, but understanding the basics can help you navigate this often-challenging aspect of divorce.

Melissa Fecak, Esq., at South Jersey Divorce Solutions, explores spousal support considerations after a divorce and how we can help you determine your eligibility.

Understanding Alimony in New Jersey

Alimony, or spousal support, is financial support paid by one spouse to another after separation or divorce. The purpose of alimony is to provide the lower-earning or non-working spouse with financial support to maintain a standard of living close to what was enjoyed during the marriage.

New Jersey law recognizes five types of alimony that might be awarded:

1. Pendente Lite Alimony: Pendente lite alimony refers to temporary spousal support awarded by the court to help maintain the financial status of both parties during the divorce proceedings. While establishing this type of alimony, courts may not strictly adhere to all statutory factors. Pendente lite support typically concludes or is transformed into a different type of alimony upon the finalization of the divorce.
2. Open Durational Alimony: Open durational alimony applies to marriages that have lasted 20 years or more, or in cases with exceptional circumstances. This form of alimony does not have a predetermined end date; rather, it will continue until mutually agreed upon by the parties or determined by the court. According to the alimony statute, there is a presumption that spousal support will terminate upon the retirement of the person providing support, although this presumption can be challenged.
3. Limited Duration Alimony: According to New Jersey alimony statutes, limited duration alimony is applicable in marriages lasting less than 20 years. In such cases, the alimony period cannot exceed the length of the marriage. For instance, in a marriage of 10 years, the maximum duration for spousal support would also be 10 years. While the amount of alimony may be altered if “changed circumstances” arise, the length of support is fixed.
4. Rehabilitative Alimony: Rehabilitative alimony is designed for a spouse who has a specific plan to facilitate their return to the workforce. This plan outlines the steps and duration needed for rehabilitation, detailing the necessary education and living expenses during that time.
5. Reimbursement Alimony: Reimbursement alimony is applicable in situations where one spouse financially supported the other to enhance their career or education. This form of alimony is not modifiable and is reserved for particular circumstances.

Factors Influencing Alimony Awards

New Jersey courts consider numerous factors when determining whether to award alimony and how much to award. According to N.J.S.A. 2A:34-23, these factors include (but are not limited to):

• The duration of the marriage
• The age and physical/mental health of both spouses
• The standard of living established during the marriage
• The earning potential of both parties
• The financial needs and expenses of the receiving spouse
• Any history of marital misconduct, such as infidelity
• The parental responsibilities of each spouse, particularly with children involved
• The equitable distribution of marital property

Balancing these factors can be complex, so you need an experienced Family Law Attorney by your side to help you negotiate the best arrangements possible.

Assessing Your Eligibility for Alimony

If you are contemplating divorce or currently going through one, it’s crucial to assess your financial situation and needs. Here are a few points to consider:

1. Income Disparity: If one spouse earns significantly more than the other or if one parent stays home to raise children, the chances of receiving alimony may increase.
2. Duration of Marriage: Longer marriages are more likely to result in alimony awards, especially if there is a dramatic difference in earning capacity.
3. Self-Sufficiency: Courts will evaluate your ability to support yourself financially. If you can demonstrate your efforts to find employment and secure financial independence, this might influence the alimony decision.

New Jersey Alimony/Spousal Support Attorney

Understanding the potential for alimony after your New Jersey divorce involves recognizing your unique circumstances and how state laws apply to your case. Being informed can empower you to make decisions that positively affect your financial future post-divorce. If you have questions or need guidance regarding alimony or any other aspect of divorce, contact South Jersey Divorce Solutions in Merchantville, Camden County, to discuss your situation and find solutions.