Divorce doesn’t just separate two lives emotionally; it also divides finances. When one spouse earns significantly more than the other, New Jersey courts may step in to help balance things out through spousal support, commonly called alimony.
Spousal support is designed to ease the transition after a marriage ends, especially when one person relied on the other financially. It’s not guaranteed in every divorce, and the unique facts and circumstances of the case will play a role. Family courts consider several factors before deciding whether support is appropriate and what form it should take.
If you’re going through a divorce in New Jersey, knowing how spousal support works can help you prepare for the legal and financial steps ahead.
What Is Spousal Support?
Spousal support is money paid by one spouse to the other after separation or divorce. It’s meant to reduce financial hardship and help the receiving spouse maintain a standard of living similar to what they had during the marriage.
Alimony may be ordered temporarily during the divorce process or on a more long-term basis once the divorce is finalized. In New Jersey, spousal support is not automatically awarded. The court looks at many different factors before deciding whether support is appropriate and how much should be paid.
Types of Spousal Support in New Jersey
New Jersey law allows for different types of alimony, depending on the length of the marriage and the couple’s financial situation.
The most common types include:
- Open durational alimony: This is typically awarded in long-term marriages (20 years or more). There’s no set end date, but it can be modified or terminated under certain circumstances.
- Limited duration alimony: This is common in shorter marriages. It provides support for a fixed amount of time and is based on how long the receiving spouse may need to become self-supporting.
- Rehabilitative alimony: This type of support helps the receiving spouse gain the education or training needed to re-enter the workforce. It’s often tied to a specific plan or timeline.
- Reimbursement alimony: This is used when one spouse supported the other through school or job training, with the expectation of benefiting from increased earnings in the future. It helps repay that investment.
Each type serves a different purpose, and the court may order one or a combination, depending on the facts of the situation.
How Spousal Support Is Calculated
There is no fixed formula for calculating spousal support in New Jersey. Instead, courts look at several factors outlined in state law.
These include:
- The length of the marriage
- Each spouse’s age and health
- Earning capacity, education, and work history
- Parental responsibilities and childcare needs
- The standard of living established during the marriage
- The ability to pay support
- Financial and non-financial contributions to the marriage
Judges have broad discretion, and outcomes can vary from case to case. Because of this, it’s important to work with an attorney who can help present a clear picture of your needs and financial reality.
Can Spousal Support Be Changed?
Yes. In New Jersey, spousal support can be modified or even terminated if there’s a significant change in circumstances. For example, support may be adjusted if the paying spouse loses their job or if the receiving spouse remarries or becomes financially independent. In some cases, cohabitation with a new partner can also impact support.
If either party wants to modify an existing order, they must petition the court and provide proof of the changed circumstances. Until a new order is issued, the original terms remain in effect.
Contact the Red Bank Divorce Lawyers at The Law Office of Jennifer J. McCaskill, LLC for Help Today
Spousal support can be one of the most contested parts of a divorce. Whether you expect to pay or receive alimony, you need to know your rights and responsibilities under New Jersey law.
To learn more and get the help you deserve, call The Law Office of Jennifer J. McCaskill, LLC, our divorce & family law firms in Red Bank. NJ are ready for anything. Call us at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
