Divorce is a stressful event for all parties. If you need help understanding alimony and the issues that arise around it, you are in the right place.
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.
Understanding Alimony | Will I Automatically be Entitled?
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.
Understanding Alimony | Ex-Spouse Not Paying Court-Ordered 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.
Understanding Alimony | Calculating Alimony Payments
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.
If you are looking for strong legal representation for your divorce, please call our New Jersey divorce lawyer Brian Freeman for a free case review.