Are you in the divorce process and have questions about alimony? Read these 4 things to know when determining alimony, then give us a call now.

1) Types of Alimony

Alimony is largely open durational Alimony or limited durational alimony. There are other types of alimony, such as rehabilitative alimony, which are used in certain circumstances but less often.

Open durational alimony is warranted in cases where the parties are married 20 years or more.

Limited durational alimony is awarded in those cases where the parties are married less than 20 years.

People have their formulas and people have their ideas on how long alimony should last, but, again, every case is fact-specific. In some cases with a 15-year marriage, alimony might be appropriate for eight years. In other scenarios and depending on the factors, it might be appropriate for ten or even twelve years. Our statute has factors that we have to abide by. The three biggest factors include the ability to pay, the need, and the marital lifestyle.

2) Alimony Requirements If Only One Spouse Works

If you typically were the earning Spouse and your spouse did not work during your marriage, it is likely you will be paying alimony. However, we have to look at your spouse’s earning capacity. Let’s say your spouse stayed at home to raise children for a few years and those children are older and your spouse can work now. Your spouse should be looking for work or we can look to impute income to your spouse.

If your spouse is not working, cannot work due to a disability, or has zero qualifications to work and never worked during the marriage, you can expect to pay alimony based upon your spouse earning little or nothing. However, your spouse should be earning something, which will impact your alimony. In many cases, we see arrangements where the paying spouse will pay a little bit more in alimony for the first few years, then it will drop because the expectation is that the other spouse can now go out and find employment.

With every alimony case, whether your spouse is working or not working, it is fact-specific and we need to look at the facts and apply the factors in the alimony statute to the case to come up with the right amount of alimony, whether you’re the receiving or paying spouse.

3) Determining Who Pays Alimony

These are fact-specific cases that require us to do an analysis. However, alimony itself is based upon the marital standard of living. That marital standard of living is based upon everything that the couple did and earned. If at some point in time, either during divorce litigation or after litigation is over, a spouse voluntarily decides to reduce their hours, stops working, or takes a job making less money, that decision is not going to give them a right to seek more alimony or to pay less alimony. Anytime a litigant makes a voluntary choice, a court is going to say, “You can do that, but I’m not going to give you the benefit of that choice, by either reducing the alimony obligation or increasing it for your benefit.” Again, the key here is fact-specific. 

4) Alimony After A Finalized Divorce

Are you contemplating or in the process of divorce in New Jersey and have questions about these 4 things to know when determining alimony? Contact our experienced New Jersey Alimony Lawyers at Callagy Law today for a free consultation and case evaluation.

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