Ending your New Jersey marriage may leave you wondering how you will make it after the divorce finalizes. Spousal support may be the answer, but not everyone qualifies for income support. The court orders alimony based on a few key factors.
New Jersey Statute 2A:34-23 had an amendment in 2014 affecting the nature of alimony for divorced parties. While you may receive child support to help you care for any children from the marriage, you may also qualify for alimony. This form of spousal support can occur for a limited period of time, have an unspecified duration or be rehabilitative.
The court considers 14 factors when determining the amount and type of alimony to award you if any. They look at your personal ability to earn a living including educational levels and any necessary training needed to acquire better earning potential. Any property from the marriage should follow an equitable distribution.
Income levels for both parties including those involved in investments fall under consideration. If you were out of the job market due to health reasons or to care for young children, the court considers that as well. They look at both of your health, age and actual needs. Your spouse should have the income to pay for any awarded alimony to you.
The court looks at the long-term aspects of an alimony award such as tax implications and the past history of the couple while married. If awarded, your alimony payments will not exceed the marriage length if under 20 years. This information is intended only to educate and should not be interpreted as legal advice.