Sadly, not all marriages work out. Sometimes some obstacles in the marriage are too difficult to overcome which causes couples to seek a divorce. There are many contentious issues throughout the divorce process, including the issue of alimony. Alimony also known as spousal support is a type of court-ordered payment that requires one spouse to financially support the other spouse during and/or after the divorce process. If you are seeking alimony or your spouse is requesting you pay it, contact an adept Monmouth County Alimony Attorney who can help you understand how alimony works in the state of New Jersey. In addition, please continue reading to learn about what factors may cause a judge to deny a spouse alimony.
Will my spouse be denied alimony in New Jersey?
When the court is determining whether to award a spouse alimony, they will evaluate several factors. However, the two primary factors they look at are whether the spouse who is requesting alimony has an actual need for financial support and if the higher-earning spouse can afford it. During the marriage, both parties are accustomed to a certain standard of living. If the unemployed or lower-earning spouse can work or their income allows them to have the same financial stability they had during the marriage, they will most likely be denied alimony as they do not need this type of court-ordered payment. In addition, if the higher-earning spouse makes more income than the other spouse, however, they cannot afford to make monthly alimony payments, the court may also deny alimony. Essentially, the court looks at the need and ability to pay when determining whether a spouse should be awarded alimony. It is pertinent to note that alimony is not guaranteed. The spouse who is seeking alimony must file a motion, requesting they be awarded alimony to provide them with financial support to maintain the same lifestyle they had during the marriage. However, if the court does not find it reasonable, they will deny the spouse’s request for alimony.
How is spousal support calculated?
Although both are contentious issues, alimony is calculated differently than child support orders are calculated. There is no set formula. However, in New Jersey alimony is calculated by combining both parties’ gross incomes and subtracting the two numbers, and using the difference to make an award. Ultimately, the court will determine several factors before they grant a spouse alimony.
In the unfortunate event that your marriage does not work out and you are interested in understanding how alimony works, don’t hesitate to reach out to one of our qualified attorneys. It can be difficult to understand what factors may cause a spouse to be denied alimony, which is why you need our skilled attorneys on your side. Our firm is committed to helping our clients navigate the complexities of an alimony request in their divorce.