Will I Be Receiving Alimony?
You and your spouse are going through a messy divorce. You’ve fought over everything: the house, the kids, even the dog was up for debate. Now comes the important question: the money. Your spouse makes much more than you do and you believe you deserve some of that money. Will it be awarded to you? And if so, how is it calculated?
In New Jersey, there are five types of alimony awarded:
- Temporary alimony – given to the spouse who is unemployed or receives low wages.
- Limited duration alimony – given to a spouse until he/she is self-supporting
- Permanent alimony – given to a spouse to take care your family or to help fund their education or career goals
- Rehabilitative alimony – given to a spouse to help him/her become self-supporting once again
- Reimbursement alimony – given to a spouse who had supported the other party through advanced education
When the court considers awarding alimony, the judge will take into account many factors, such as how long the couple has been married, how much the one party needs to survive, the standard of living the couple had during marriage and any parental responsibilities. The amount of alimony given over time can change, especially if you find an increase or decrease in your salary.
Keep in mind that your spouse can’t avoid his/her responsibilities. If your spouse has decided to work less to avoid paying you, the court may impute, or assign, an amount the spouse needs to pay you based on past earnings. If things should change, such as your spouse is laid off, then the court cannot impute the income.
Are you ready for a divorce but need a lawyer? Contact the Law Offices of Anthony Carbone, PC today.