The Ultimate Guide to Alimony in New Jersey
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. More often than not, 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.
- The courts will review the length of your marriage, and will base alimony on you and your spouse’s income.
- Alimony typically is in place for more than half the length of the marriage.
- Alimony will also be based on whether one spouse is raising young children or if one is elderly.
2.) Calculating Alimony
Generally speaking, 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.
- There is no specific calculation or formula for alimony.
- The judge will take a 1/4-1/3 of the difference between the parties incomes as a starting basis for alimony.
3.) Being Entitled to Alimony
In New Jersey, there is no automatic right to alimony. Alimony is going to depend on the particular 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 particular marriage as to whether you’re going to be entitled to alimony or not.
- Alimony is dependent on the income of each of the parties.
- Having young children in a marriage will greatly influence Alimony.
- Every case can be different in regards to Alimony.
4.) Not Being Paid 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.
- The receiving spouse is required to file a motion that with enforce payment.
- The non paying party could be placed in jail, or have their driver’s license suspended for failure to pay.
Are you going through a divorce and worried you will have to pay alimony? Or are you dealing with alimony issues? Let one of our dedicated Divorce Attorneys in Jersey City help you.