When you were married, chances are that you and your spouse pooled your resources and money into a joint account. This allowed you both to support one another, even if you weren’t working regularly. But when you get divorced, you effectively lose out on that financial support.
For some spouses, losing that financial help can be devastating, but that’s where alimony payments can help ease the burden. Alimony isn’t automatically awarded to every spouse, and while your New Jersey divorce attorney will make a case if your finances are tight, it’s helpful to understand what qualifies you for these payments. Let’s take a closer look.
Factors That Determine Alimony Payments
Ultimately, it’s up to the court to decide if someone deserves alimony payments. But there are a few factors that all courts will consider before making their decision. This includes the following.
The Duration of Your Marriage
The longer you were married, the longer you were likely financially linked to your spouse, and the more you relied on their income to supplement or replace yours. If you were married for at least a few years, you may be eligible for alimony. But if the marriage lasted for less than a year, you may not qualify for these payments.
That said, there are always exceptions to the rule. Let your New Jersey divorce attorney know about your situation and ask if they feel you’re entitled to spousal support.
Your Income and Dependency on Your Spouse
If you’re currently not working and have been financially dependent on your spouse for years, you’ll likely qualify for alimony. This is because you’ve relied on their income to meet your needs including medical care, housing, food, and other necessities. Without their income, you may not be able to immediately provide for yourself, and the court will likely recognize this fact.
Your Health and Ability to Work
If you’re in poor health, have a disability, or may not be able to work because of your health, you’ll likely qualify for spousal support. And if your condition is severe, restrictive, or considered a chronic health condition, you may qualify for a larger alimony payment than you otherwise would. As with any settlement, it’s up to the court to determine what’s fair based on your situation.
Your Standard of Living
If you’re able to maintain your current standard of living on your own income, you may not qualify for alimony. But if you can’t afford to maintain the lifestyle you’ve grown accustomed to over the years, you may qualify for at least some alimony.
The Common Types of Alimony
There are several common types of alimony that the court may award. This includes:
- Limited duration: Alimony that is paid for a set time determined by the court to help you meet your needs as you adjust to your divorce.
- Rehabilitative: Alimony that helps you transition from dependent to a self-sufficient single person through ongoing training or education.
- Reimbursement: Alimony that pays you back for supporting your spouse’s education or career advancement while you were married.
- Permanent: Alimony that’s paid indefinitely or until you or your ex-spouse experience a major change in your circumstances and/or finances.
Your New Jersey divorce attorney will help you figure out which type of alimony you may be eligible for and which you’ll want to pursue. Be as honest as you can be about your situation, your circumstances, and your concerns. This will help your attorney better represent your interests in court.
Schedule a Consultation
If you’re interested in pursuing alimony as part of your divorce settlement, you’ll want to have an expert represent your case and show the court why you deserve these payments. Let Carvajal Law help. Contact us today to schedule a free consultation.