Getting a divorce will change your life in ways that you likely did not imagine. Unfortunately, many aspects of the legal process as well as its results are unpredictable. However, you can still do your best to prepare by looking into matters that you have questions about and gaining reliable information.
For instance, you likely have questions about alimony, or spousal support, and whether you could receive or have to pay this support to your soon-to-be ex-spouse. As you work to determine possible outcomes, it is important to know what the court considers during this part of the process.
Factors considered for alimony
It is worth noting that alimony is not necessarily guaranteed in any divorce case. As a result, before the court looks into how much alimony to award, the judge will look at factors to determine whether alimony is applicable. Those factors can include:
- The amount of time you and your spouse were married
- The need and ability to pay of you and your spouse
- The parental responsibilities each parent takes on, if you have children
- The financial and non-financial contributions you each made to the marriage
- Earning capacity of each of you
- The taxation you each would face
Of course, this is not an exhaustive list, and other factors could influence whether a New Jersey judge believes alimony is warranted in your case.
Types of alimony
In the event that the court does award alimony, it does not mean that one person is destined to pay alimony for the rest of his or her life. The duration of alimony payments depends on the following types:
- Reimbursement alimony, which involves the paying spouse providing a set monetary amount for repayment of support given while that spouse pursued advanced education
- Rehabilitative alimony, which lasts a short period and goes toward the receiving spouse getting training or education to pursue employment and a reasonable income
- Open durational alimony, which continues as along as the receiving party has legitimate cause to continue receiving support
- Limited duration alimony, which limits the length of time alimony is paid and typically applies to short marriages
Receiving alimony can often help spouses who will be at a financial disadvantage after the divorce. If you believe that you may need such support, gaining information on how to present your need to the court may be useful.
