4 Common Alimony Questions
There are so many aspects of divorce that may leave you feeling drained. You may be worried about how it will affect you financially. Alimony is a variable in many divorces that might keep you up at night. Here are four common alimony questions that may be of help to you.
Alimony Questions: Who Gets Alimony?
In New Jersey, depending on the length of the marriage and the difference in incomes between the parties, one spouse could be entitled to an award of alimony. Generally, alimony cannot exceed the length of the marriage. Often, alimony is going to be somewhere near half the term of the marriage.
Again, there are a lot of factors that go into alimony: whether one is raising young children, whether one is elderly, and the difference in the amount of the income. If there’s a vast disparity in income between the two parties, then that’s going to affect alimony, as well. Very rarely will alimony exceed the length of the marriage. There was a recent statute passed amending the alimony statute in New Jersey, which is about a year old now.
Alimony Questions: How is Alimony Calculated?
We’re told that there’s no specific formula for alimony, but usually the judge will take a third of the difference between the parties and use that as a starting point for alimony. That’s not an official statute; it’s just what is customarily done. Sometimes it’s 25% of the difference.
Alimony Questions: Will I Automatically be Entitled to Alimony?
In New Jersey, there is no automatic right to alimony. Alimony is going to depend on the circumstances that involve that marriage. If the parties are earning the same amount of income, generally there would not be alimony. If the parties have children or don’t have children, that’s going to affect whether there’s alimony or not. Each case is individual and will depend specifically on the facts of your marriage as to whether you’re going to be entitled to alimony or not.
Alimony Questions: What if My Ex-Spouse is Not Paying Alimony?
In New Jersey, where one party fails to abide by an alimony order, in other words, that party does not comply in making the payments that are required under the order, a motion can be filed with the court to seek enforcement of that order. That can involve either the incarceration of that parent, suspension of their driver’s license or any other professional license that they have, and an order of contempt brought by the judge.
If you have any further alimony questions, contact our New Jersey divorce attorney’s office for representation.