Do you have alimony concerns? Alimony isn’t involved in all New Jersey divorce cases, but it is an important element in many. The three biggest factors determining alimony are the length of the marriage, the lifestyle a couple shared during their marriage, either party’s legitimate financial need, and the other party’s ability to pay. If both parties are earning close to the same income, there will not generally be any alimony. There are other factors commonly considered, too – for example if one spouse is raising young children, or if one spouse is elderly.
Following recent legislation, New Jersey recognizes two types of alimony:
- Limited duration alimony: One spouse will continue payments for a finite, prearranged period.
- Open duration alimony: Various triggers and conditions will determine the length of time one intended. Some spouse makes payments to the other.
Alimony Concerns | Payments
Alimony payments rarely exceed the length of the marriage. There is no established formula for deciding the amount and duration of alimony payments, but in most cases, New Jersey judges will order alimony payments for about half the length of the marriage, and take ¼-⅓ of the difference between the two parties’ incomes as a starting point – but this comes from custom, not an official statute.
Alimony Concerns | Stopping the Payments
In New Jersey, if one party fails to abide by an alimony order, the other party can file a motion with the court to seek the enforcement of that order. This can result in the incarceration of the negligent parent, the suspension of that parent’s driver’s license or other professional licenses, and an order of contempt.
If you have alimony concerns that you would like to run by a lawyer, please call our New Jersey divorce attorney right away to get a free consultation.