Spousal support, also called alimony or spousal maintenance, plays a critical role in divorces where there’s a financial imbalance between spouses. In New Jersey, spousal support may be awarded to ensure that the divorce does not have a disproportionate effect on one spouse. It’s also meant to help the spouse with lower earnings maintain a similar lifestyle as they enjoyed during the marriage, when possible.
Courts may consider many factors to decide if spousal support should be ordered, such as the type of support and how long it should last. Here is what you should know to help you determine if you qualify and what to expect.
Types Of New Jersey Spousal Support
New Jersey law recognizes several forms of spousal support:
- Temporary (pendente lite) support. This is awarded while the divorce is ongoing and is meant to help the lower-earning spouse maintain financial stability during the proceedings.
- Open durational support. This type of support has no set end date. It’s only available if the marriage lasted at least 20 years.
- Limited duration support. As the name suggests, this is awarded for a specific period.
- Rehabilitative alimony. This type of support is intended to help the dependent spouse become self-sufficient, such as through education or vocational training.
- Reimbursement alimony. This form compensates one spouse for supporting the other through education or career development during the marriage.
Each of these forms of alimony has different requirements and purposes. Knowing which type applies to your situation is key to knowing if you qualify.
Key Factors Courts Consider For Spousal Support
In New Jersey, whether you qualify for spousal support depends on various factors outlined in the state’s alimony statute. The court doesn’t use a set formula but instead evaluates each case individually based on the following factors.
Note that these factors are interconnected. No one factor is more important than another unless the court finds otherwise. Courts can also consider other factors relevant to your situation.
- The duration of the marriage: The duration of your marriage is a significant factor in determining spousal support. If the marriage duration was less than 20 years, the duration of alimony cannot exceed the duration of the marriage. On the other hand, a long-term marriage that lasted at least 20 years may qualify for open durational support.
- Need for alimony: Before spousal support will be ordered, the court will consider whether there is a need. This might include considering financial hardship, disparity in earnings, earning potential, your ability to improve your earning potential, and whether you will be responsible for caring for the children of the marriage.
- The other spouse’s ability to pay alimony: Even if there is a need for support, the court will still consider the other spouse’s ability to pay alimony. Factors that may be considered include the spouse’s income and other assets.
- The standard of living during the marriage: The lifestyle enjoyed during the marriage is another critical factor. New Jersey courts aim to ensure that both spouses can maintain a standard of living comparable to what they had while married.
- The age and health of both spouses: A court will consider each spouse’s health and age separately and relative to the other spouse. These factors become more important when there is an age or health disparity between the spouses or one spouse requires ongoing care or has a limited ability to work.
- Contributions each spouse made to the marriage: New Jersey courts value both financial and non-financial contributions to the marriage. For example, if you made significant contributions to the marriage or sacrifices to support your spouse, you may qualify for spousal support.
- Need for training or resources to enter the workforce: When the lower-earning spouse needs additional education or training to re-enter the workforce, the court may award rehabilitative alimony. This type of spousal support is meant to cover the cost of education or training. It’s usually temporary, but it helps bridge the gap until you can support yourself.
- The tax consequences of a spousal award: Spousal support can have significant tax implications for both parties. Alimony is not tax-deductible, nor is it reported as income by the receiving spouse on federal income tax returns. However, spousal support is still a tax deduction for state income taxes, and receiving spouses report alimony on their New Jersey state income tax return.
The court might consider some or all of the above factors when determining whether or not you might qualify for spousal support.
How To Request Spousal Support
If you believe you qualify for spousal support, you’ll need to provide detailed financial information to the court. This includes your income, assets, expenses, and any educational or career plans. A judge will review this information alongside the factors mentioned above to make a fair determination.
The Law Office of Jennifer J. McCaskill, LLC, has extensive experience in helping clients navigate the spousal support process in New Jersey. We can help you gather the necessary documentation, present a compelling case, and negotiate fair terms.
We are here to help you secure the financial support you need during and after your divorce. Contact us today to schedule a consultation with a family law attorney to discuss your case.
Contact an Experienced Monmouth County Spousal Support Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ 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.
