During the divorce process, there are many contentious issues at hand. One of those issues is alimony. Alimony also known as spousal support, is a type of court-ordered payment that requires one spouse to provide financial support to the other spouse during or after the divorce. This type of payment is provided to help spouses cover their living expenses during a divorce. In most cases, the higher-earning spouse provides financial support for the unemployed or lower-earning spouse. When a couple cannot come up with an alimony agreement outside of court, the decision falls into the court’s lap. The judge will have to evaluate several factors to determine whether to grant a spouse’s alimony request and how much to award. If you are seeking alimony or you are being asked to pay it, contact our seasoned Monmouth County Spousal Support Attorneys who can help you navigate the complexities of an alimony order. In addition, please continue reading to learn about why the courts may deny a spouse spousal support.
Can my spouse be denied alimony in New Jersey?
A common misconception about alimony is that it is guaranteed. However, alimony is not automatically granted. Spouses must file a motion with the court requesting to receive alimony. Essentially, when the court is determining whether to grant a spouse alimony, they will examine several factors. They will look at the spouses’ circumstances and their actual need for financial support. Furthermore, the court will consider whether the higher-earning spouse can afford this type of payment. In New Jersey, alimony can be denied if the court finds the spouse requesting alimony does not need this type of financial support. It may also be denied if the spouse being asked to pay spousal support does not have the funds to afford it. Ultimately, spouses can be denied alimony as it is not guaranteed.
What are the different types of spousal support?
In New Jersey, spouses may be granted one or more of the following types of spousal support:
- Temporary (pendente lite) alimony. This type of alimony is the only one that provides financial support while the divorce is pending. It provides financial support for living expenses during the divorce process. As its name implies, this type of alimony is temporary.
- Open duration alimony. When a marriage has lasted over 20 years, this type of alimony is awarded. This type of alimony does not have a time limit and is sometimes referred to as permanent alimony.
- Rehabilitative alimony. This type of alimony is awarded when a spouse needs financial support while they are pursuing a job or education to be self-supporting.
- Limited duration alimony. This type of alimony is often granted to those coming out of a short-term marriage.
- Reimbursement alimony. This type of alimony is awarded if one spouse supports the other financially for an education. This is because they supported their spouse believing they would share the earning capacity generated by their spouse’s education. In this case, the award is granted as reimbursement. This is because the spouse will no longer share in the earning capacity generated by their spouse’s education. It is important to note that this type of spousal support cannot be modified.
The court will examine various factors to determine which type of alimony to grant a spouse. However, it is important to remember that spousal support can be denied. If your spouse is asking you to pay alimony or you are seeking it, please don’t hesitate to contact our determined attorneys today. Our firm is committed to helping our clients achieve favorable results.