It’s common for spouses to request alimony payments as part of divorce settlements, especially if they’re used to a specific lifestyle or have ongoing expenses that they may have difficulty covering without your joint income. If you’re divorcing on relatively amicable terms, paying alimony may not seem like such a burden. But there are situations where your New Jersey divorce lawyer may be able to get your spouse disqualified from receiving alimony. Let’s take a closer look.
What Disqualifies Your Spouse From Receiving Alimony?
New Jersey law understands that some spouses are not deserving of alimony based on their actions and how they behaved during their marriage. To avoid having to pay alimony, you and your New Jersey divorce lawyer must be able to show the court clear evidence as to why your spouse shouldn’t receive payments. Here are a few common reasons why the court may waive your spouse’s right to alimony or spousal support payments.
They Committed Adultery
If your spouse cheated on you during your marriage, you may be able to request that the court waive their right to alimony payments. The court will examine the circumstances of their extramarital affair and look at the reasons for their affair. Keep in mind that if you and your spouse were both seeing other people or you entered into a polyamorous relationship willingly, the court may still award your spouse alimony.
A History of Domestic Violence
If you’re getting divorced to escape an abusive spouse, the court will likely agree that your spouse is not eligible for alimony. The court prioritizes your welfare and wellbeing when making decisions about your settlement terms. However, you must be candid and honest with your attorney. Let them know about the abuse so they can accurately represent you in court and show the judge why your spouse shouldn’t receive any payments.
They’re Clearly Financially Independent
Alimony payments are designed to help your spouse cover their expenses as they adjust to a single-income lifestyle. If you can show that your spouse is financially independent or that they’ve already moved in with a new partner who is supporting them financially, you may be able to avoid paying spousal support. Your New Jersey divorce lawyer will help you make your case and can give you guidance on how to show your spouse’s financial independence.
You Lack the Ability to Pay
The court won’t award alimony without considering how those payments impact your budget and your finances. If you’re living paycheck to paycheck or have significant expenses that you need to cover each month, making spousal support payments could put undue strain on your budget. If this is the case, let your attorney know so they can make your case to the court. If they determine that payments would have a negative impact on your finances, they may deem your spouse ineligible.
How to Fight Having to Pay Alimony
If you’re worried about having to pay alimony to your spouse, be open and honest with your divorce lawyer. Make sure they understand the circumstances that prompted your divorce and give them insight into your financial situation early on. This will help them argue your case before the court.
Your attorney may be able to remove alimony from the table as you negotiate a settlement with your spouse by showing that your spouse is ineligible or by putting together a settlement offer that doesn’t include alimony in the first place.
Let an Experienced New Jersey Divorce Lawyer Help
If you’re ready to get divorced but you’re worried about having to make alimony payments, know that those payments may not be set in stone. Work with an experienced New Jersey divorce lawyer at Carvajal Law and let our team help you seek a fair settlement that doesn’t unfairly reward your spouse. Contact us today to schedule a free consultation.