Determining Alimony Payments
If you are seeking a divorce, you may be worried about monetary issues you might face. Here is how the powers that be will be determining alimony payments.
Determining Alimony Payments | Calculating the Amounts
In the state of New Jersey, there is no specific formula when it comes to calculating alimony. Duration and amount of spousal support is unique to each situation. To determine how much alimony (and what type) will be awarded, there are several various factors that courts will take into consideration. This includes:
- the ability of a spouse to make payments
- the need for a spouse to receive payments
- length of the marriage and standard of living established during that time
- financial contributions to the marriage
- health and age of the spouses
- education level and potential earning capacity (employability)
- cost of living
- income discrepancy
- division of assets
- childcare responsibilities
The courts will take into consideration the above factors to determine what type of alimony, if any, should be awarded. Yet there are a few other factors that could contribute to the termination or modification of an alimony agreement.
Determining Alimony Payments | Complications with Alimony
If one spouse has an affair during the marriage, they will not be penalized for it and are still eligible to receive alimony. However, they will be at fault if the affair caused a negative financial impact upon the marriage. Likewise, any spouse convicted of a serious crime such as murder or grand theft cannot receive any alimony whatsoever.
Sometimes alimony duties are neglected, and payments are missed. A spouse cannot intentionally stop working just to increase the amount of alimony they will receive. If you stop making alimony payments, you may be held in contempt of court. Certain circumstances, however, require a modification in alimony, such as a career change or lay-off. If you are unable to make payments, or if you believe you need to receive more, then you must file a request to modify the alimony plan. Whichever side requests the change is also responsible for proving that the change is justified. If you need to change or modify your alimony arrangement, you also need an experienced attorney by your side.
If you want to know more about determining alimony payments, please call our New Jersey divorce lawyer Bart Lombardo today for a free consultation.