How is alimony determined in New Jersey?

How is alimony determined in New Jersey?

A divorce proceeding can easily become a contentious undertaking when money comes into the picture. When the divorce process is characterized by bitterness, resentment and runaway emotions, the subject of alimony can be extremely difficult to navigate. 

At the very basic, alimony or spousal support is meant to ensure that one party does not live in a state of financial destitution following the breakdown of the marriage. 

So how do New Jersey courts determine alimony payments?

The idea of spousal support is based on the argument that people become accustomed to a particular lifestyle when they are married. When divorce happens, one party may not be able to sustain that lifestyle anymore. This is the aspect of family law that makes alimony a very contentious subject – how do you prove what your lifestyle was like? And how do you arrive at a figure for your ex pay?

Here are some of the factors the court might consider when calculating alimony

The need vs. the ability to pay

Real-world situations will often play a role in determining the alimony amount as well as who the paying party should be. The court will determine whether one spouse really requires financial support to maintain the standard of living they had in marriage. Additionally, the court will consider the other spouse’s ability to maintain a comparable lifestyle while paying alimony and other obligations like child support. 

The length of the marriage

The length of the marriage helps the court determine how the alimony will be structured. The longer the couple was married, the more accustomed they must have become to a particular lifestyle. The effect of the length of marriage on alimony is usually determined on a case-by-case basis. 

Alimony can be heavily contested during the divorce. You may need to find out how you can safeguard your rights and interests while negotiating spousal support during a New Jersey divorce.

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