Many people enter divorce proceedings with preconceived notions about alimony, perhaps influenced by rumors, media portrayals or outdated information. This can lead to unrealistic expectations and misguided beliefs about how alimony actually works.
Separating fact from fiction is essential to navigating these waters more effectively and making informed decisions. Below are five common myths about alimony in New Jersey that you should be aware of.
1. Alimony is automatic in every divorce
Alimony is not guaranteed in every divorce in New Jersey. Courts consider various factors when deciding whether to award alimony, including the length of the marriage, the financial needs and resources of each party and the standard of living during the marriage. As such, the specifics of your situation will determine if alimony is necessary.
2. Alimony is gender-based
A common assumption is that women receive alimony and men don’t. However, it’s not necessarily the case. New Jersey law does not discriminate based on gender when awarding alimony. Instead, the court’s decision is based on financial need and other relevant factors. Either party, regardless of gender, can receive or pay alimony.
3. Alimony is intended as punishment
Some people mistakenly believe that alimony is meant to punish the paying spouse. In reality, alimony is not intended to be a punishment or reward. Its purpose is to provide financial support to a spouse who may need assistance in maintaining a reasonable standard of living after the divorce.
4. Alimony is permanent
Alimony payments do not always last a lifetime. The duration varies on a case-by-case basis, and there may be limits depending on the unique aspects of your situation. For instance, alimony may end if the receiving party becomes self-sufficient, dies or remarries.
Additionally, the amount of alimony is not cast in stone. It can be modified to ensure fairness if there has been a significant shift in circumstances, like a substantial change in income, employment status or other financial factors.
Navigating alimony issues without proper information and guidance can be challenging. It underscores the need for qualified legal assistance to help understand how things work and protect your interests throughout your divorce proceedings.