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FAMILY LAW... & MORE

The factors that determine if you’ll get spousal support

On Behalf of | Jun 8, 2021 | Alimony, Blog |

In the state of New Jersey, alimony may be included in a final divorce settlement. There are many factors that a judge will evaluate when determining if either party to a marriage should receive spousal support payments. These factors may include your age, your ability to work and the length of the marriage. It’s important to note that you might be entitled to payments regardless of your gender.

Did you voluntarily leave the workforce?

In some cases, courts will use alimony payments as a way to compensate a spouse who stayed at home during the course of a marriage. As a general rule, courts recognize that individuals who remain unemployed to run a household have likely given up much more than their weekly paycheck. In addition to lost earnings, someone who remains outside of the workforce for many years will likely lack the ability to retire without the help of his or her former spouse.

Was the divorce caused by your spouse’s actions?

If your spouse committed adultery, abused you or abandoned the relationship for any reason, it may influence the terms of a spousal support order. Depending on the exact facts of the case, a judge may order your former partner to make monthly payments that exceed state guidelines. Alternatively, he or she may be ordered to make alimony payments on a permanent basis.

An attorney may be able to help you obtain alimony as part of a final divorce settlement. He or she might may use bank statements, tax returns or other evidence to prove that you are unable to maintain a reasonable standard of living without assistance from your former partner.