Many spouses who get divorced require alimony so they can continue to enjoy the standard of living established during the course of the marriage. The popular societal view most people have regarding alimony is that it is typically paid by the husband to the wife. This leaves some men wondering if they can collect alimony if their spouse is the primary breadwinner in the household. Read on and contact a Bergen County family lawyer from our firm to learn more about how alimony works in New Jersey, and how we can assist you through the process ahead. Here are some of the questions you may have:
Do New Jersey courts permit men to collect alimony?
Contrary to popular belief, men can, and do receive alimony in New Jersey. Courts consider several factors when determining a spouse’s alimony obligation, though the two most important factors are the duration of the marriage and each spouse’s income. Courts typically will also consider the following:
- Each spouse’s earning potential, educational levels, vocational skills, and employability;
- Each spouse’s age and physical and emotional health;
- The standard of living established during the course of the marriage;
- Tax consequences of an alimony award;
- The actual need and ability of the spouse to pay;
- The length of absence from the job market of the party seeking maintenance;
- The parental responsibilities for the children;
- The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
- The history of the financial or non-financial contributions to the marriage or civil union by each spouse including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
- The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
- The income available to either spouse through investment of any assets held by that spouse;
- The nature, amount, and length of pendente lite support paid, if any; and
- Any other factors which the court may deem relevant.
When does alimony end in New Jersey?
The continuity or termination of an alimony obligation will depend upon several factors. To start, the longer a couple is married, the longer their spouse may receive alimony. That said, alimony is not intended to be permanent, so when circumstances change and a financially dependent spouse no longer requires alimony, it may warrant termination of the alimony agreement. Some other scenarios that may warrant termination of alimony are as follows:
- The dependent spouse getting a higher-paying job or running into a large sum of money
- The dependent spouse remarrying or cohabitating with another
- The terms of the alimony agreement/obligation have been met (e.g. the alimony was only awarded for a certain number of years and now the individual no longer qualifies)
For additional questions concerning alimony in New Jersey, please don’t hesitate to reach out to our dedicated Bergen County family lawyers today.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. We know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.