Can I get alimony in New Jersey
You have been married for 12 years and are considering filing for divorce. You have put your career on hold to raise children, and you rely on your spouse’s income. As you plan for the future, a central question arises: Can I get alimony in New Jersey?
The short answer is yes, if you can show a need for support and your spouse has the ability to pay. New Jersey courts may award alimony to a dependent spouse to help maintain a standard of living reasonably comparable to that of the marriage. Whether you qualify, how much you can receive, and for how long depend on the specific facts of your case. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent clients in alimony matters throughout New Jersey. Reach our location at (888) 437-7747 to discuss your situation.
Strategy Options for Pursuing Alimony
When you seek alimony, you will typically work with your attorney to present a complete picture of the marriage’s financial dynamics. One strategy is to negotiate a settlement agreement that includes spousal support terms. Many divorcing couples resolve alimony without a trial by agreeing on the amount and duration. Another approach is to ask the court for a temporary support order while the divorce is pending, so you have financial resources during the litigation.
If you and your spouse cannot agree, the court will decide. A judge considers the factors listed in New Jersey’s alimony law, including each spouse’s earning capacity, the length of the marriage, contributions as a homemaker, and the marital standard of living. An experienced family law attorney can help you gather tax returns, pay stubs, and other financial records to demonstrate your need and your spouse’s ability to pay. Mr. Sris and his Of Counsel work to present a clear, well-organized case that highlights the facts supporting an award.
What to Expect During an Alimony Case
Alimony cases in New Jersey are handled in the Family Part of the Superior Court. The process begins by filing a complaint for divorce or, if the divorce has already been granted, a motion for post-judgment support. After the filing, the court will schedule a case management conference to set deadlines for exchanging financial information. Both spouses must complete a Case Information Statement, a detailed financial disclosure required in every family law matter.
New Jersey is unique in its use of an Early Settlement Panel (ESP), where experienced family attorneys review the case and recommend a settlement. Many cases resolve at this stage. If no agreement is reached, the court may order mediation or schedule a trial.
The law categorizes alimony into several types. The most common is durational alimony, which provides support for a defined period. The duration is closely tied to the length of the marriage, as explained below.
Under New Jersey law, durational alimony is generally limited to the length of the marriage for unions of less than 20 years; for marriages of 20 years or longer, the court may award open durational alimony.
Source: (alimony, as reformed September 2014). New Jersey Legislature
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Other alimony types include rehabilitative alimony (intended to allow a spouse to obtain education or job training), reimbursement alimony (for expenses like a spouse’s contribution to the other’s advanced degree), and limited duration alimony. The court may also modify or terminate alimony if the recipient spouse cohabits with a new partner or if either party’s financial circumstances change substantially. The timeline for resolution varies by case complexity and court scheduling. An attorney can explain how these categories apply to your situation.
What If Alimony Is Not Paid?
If a court orders alimony and the paying spouse fails to comply, the recipient spouse has enforcement options. A motion to enforce litigant’s rights can be filed, asking the court to hold the non-paying spouse in violation of the order. Possible remedies include wage garnishment, seizure of tax refunds, imposition of a lien on property, or, in egregious cases, contempt proceedings that could lead to jail time. The court may also order the paying spouse to cover the recipient’s attorney fees incurred in enforcing the order.
New Jersey courts take alimony orders seriously. An experienced family law attorney can help you pursue enforcement quickly, using the legal mechanisms available. Proactive legal guidance can make a significant difference in recovering the support you are owed.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience in family law matters. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Since founding the firm in 1997, Mr. Sris and his Of Counsel have represented clients in divorce, spousal support, and child-related disputes across multiple states. The firm’s New Jersey location serves clients in all 21 counties, including Hunterdon, Somerset, Morris, and Monmouth. Mr. Sris’s background as a former prosecutor gives him a thorough understanding of courtroom procedure and the ability to advocate effectively on behalf of his clients.
For a full statutory breakdown, see our comprehensive analysis of New Jersey divorce laws on our main site.
Frequently Asked Questions
What factors does a New Jersey court consider when deciding alimony?
A court considers the length of the marriage, each spouse’s age and health, earning capacity, standard of living during the marriage, contributions as a homemaker, and any history of domestic violence, among other statutory factors. The judge weighs these factors to arrive at a fair amount and duration. Presenting thorough financial documentation and, where appropriate, expert testimony about a spouse’s ability to work can influence the outcome. An attorney can help you build a compelling presentation of these factors.
Can I receive alimony if the divorce is not yet final?
Yes, you may request temporary support called pendente lite alimony while the divorce is pending. The court can order the higher-earning spouse to pay support during the litigation to help maintain financial stability. This is meant to cover living expenses and legal costs until a final order is entered. Evidence of need and the other spouse’s ability to pay must be presented, usually at an early motion hearing.
How is alimony different from child support in New Jersey?
Alimony is spousal support paid from one spouse to the other, while child support is for the financial needs of the children. They are calculated separately and serve different purposes. Alimony may be taxable to the recipient and deductible to the payer under certain federal rules adopted from prior law, but child support is not. The court determines both, but child support follows rigid guidelines while alimony involves broader judicial discretion.
Can alimony be modified after the divorce?
Yes, a substantial change in circumstances can justify a modification of alimony. Common reasons include a significant increase or decrease in either spouse’s income, involuntary job loss, remarriage of the recipient, or cohabitation by the recipient with a new partner. The party seeking modification must prove the change is permanent and unanticipated at the time of the original order. An attorney can help you evaluate whether your situation meets the legal standard for modification.
Does fault, like adultery, affect alimony in New Jersey?
Fault may be considered by the court in setting alimony, but it is not the primary factor. Under New Jersey law, the court may weigh marital fault, including adultery, when determining the amount and duration of alimony under the statutory factors. However, economic factors usually dominate the analysis. In some cases, extreme fault may justify a greater award, but the central focus remains on the financial needs and abilities of the spouses.
How does the September 2014 alimony reform affect my case?
The 2014 reform created clearer standards, particularly linking durational alimony to the length of the marriage. For marriages under 20 years, alimony cannot exceed the length of the marriage unless exceptional circumstances exist. The reform also made cohabitation a ground for termination or modification. It introduced a rebuttable presumption that alimony ends when the paying spouse reaches full retirement age. These changes provide more predictability and are a critical factor in any current alimony case.
Contact Law Offices Of SRIS, P.C. Today
If you have questions about alimony or any family law matter in New Jersey, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Mr. Sris and his Of Counsel team are available to discuss your circumstances and help you understand your options.
New Jersey Location:
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only. Call (888) 437-7747 to schedule.
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