Do I Receive Alimony In New Jersey?
In divorce cases, one of the most commonly asked questions is “is my spouse automatically entitled to alimony?” Today, alimony is typically known as “maintenance,” and it does not automatically apply to everyone. There are a lot of aspects that must be taken into consideration by the court to determine who is eligible for alimony payments, for how long they are eligible and for how much money they can receive.
In some cases, the spouse is not entitled to alimony at all. They may have their own successful career and are able to support themselves so chances are, they won’t receive anything because they don’t need it. However, in cases where one person makes significantly more money than the other spouse, the less-monied spouse will receive alimony payments.
The majority of parties where one spouse after a short-term or long-term marriage needs additional money from the spouse that earns more money, that spouse would be entitled to alimony. It depends on how long they’ve been married, and what the differential is between their abilities to earn.
There are two different types of alimony; durational and non-durational. The type of alimony that is received, if any at all, depends on the spouse’s ability to support themselves after a divorce is finalized. Durational alimony means that the spouse receiving these payments only gets them for a set period of time until they are able to support themselves and become self-sufficient. Usually the payments will allow a spouse who worked in the home to take care of children to get a former career back on track or even go to college and start a new career so they will be able to make their own money in the future.
On the other hand, situations of non-durational alimony occur when the marriage ends during later years of life when it may be too late for someone who has only worked small jobs to make a career for themselves that would allow them to be self-sufficient. In this case, they would usually receive alimony for the duration of their life to make sure they could have a quality of life comparable to the one they had prior to the divorce.
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.