Divorce is an emotionally and financially taxing process, and it is therefore never an enjoyable one. Nobody imagines themselves getting a divorce at the time of their marriage, however, it happens, and when it does, couples are very often unprepared. Unfortunately, if you are a financially dependent spouse, this can even further compound the stress of your divorce. You may be asking yourself several questions, such as, “will I have to move out?” or, “can I afford to live on my own?” Fortunately, the courts will take all of this into consideration, and you may be awarded alimony, or spousal support, payments to help you get back on your feet. If you are seeking alimony payments, here are some of the questions you may have:
What will the courts consider when determining alimony payments?
The courts will consider several factors when deciding the terms of your alimony payment structure. They are as follows:
- Both you and your spouse’s earning potential, employability, and education
- Parental responsibilities
- The equitable distribution of your property
- The history of financial or non-financial contributions to your marriage
- The duration of your marriage
- The standard of living established in your marriage
- You and your spouse’s age
- You and your spouse’s physical and emotional health
- The income available to both you and your spouse through the investment of assets held
Are there different types of alimony?
There are several types of alimony structures in New Jersey, and the courts will have to determine which is best for your particular situation. The most common alimony structures are as follows:
- Open Durational Alimony: This is for couples who have been married for 20 years or more. The dependent spouse will receive alimony payments with no set end date unless their financial situation substantially changes.
- Limited Duration Alimony: If a couple was only married for a short time, the judge may determine the dependent spouse only requires support on a limited basis until he or she becomes financially independent.
- Reimbursement Alimony: Reserved for the party that supported the other while they were pursuing education, therefore advancing the financial status of the family. This alimony seeks to repay what was spend on the other’s support.
- Rehabilitative Alimony: A short-term obligation, rehabilitative alimony is reserved for a dependent party that deferred goals to support the other spouse’s success through obtaining higher educational or vocational training.
Contact our experienced New Jersey firm
Before taking legal action, it is important to discuss your legal matter with an experienced attorney. Divorce means a significant change in your life, which is why you need an experienced and compassionate attorney who can help make the transition go as smoothly and seamlessly as possible. If you need a knowledgeable attorney, please do not hesitate to contact The Radol Law Firm to discuss any divorce and family law matters you may be facing.