Alimony is sometimes necessary to ensure the outcome of a divorce is as fair as possible. In cases where one spouse may struggle to live independently or maintain a comparable standard of living after a divorce, the courts may order the other spouse to pay alimony, also known as spousal support.
The need of the requesting spouse and the ability of the other spouse to pay are top considerations when deciding if alimony is appropriate. The courts also consider numerous details about the marital relationship and spouses when deciding how much alimony to award.
What unique details influence alimony determinations?
1. The health of the spouses
Divorces triggered by health issues are more common than people realize. A spouse with cancer or a debilitating condition may not be able to work a well-compensated job to support themselves.
2. The marital standard of living
When couples get married, they often make promises to one another about their lifestyle. The standard of living during the marriage can impact what the courts deem appropriate during alimony litigation.
3. Income and earning potential
One spouse may have left their career behind to manage the household or raise children for the family. Age or health challenges could also reduce both current income and future earning potential. The courts consider what each spouse currently makes and what they could potentially earn when deciding how much alimony or spousal support is appropriate.
Spouses also potentially have the option of settling alimony matters privately instead of leaving them to the discretion of the judge. Reviewing the marital circumstances with a legal professional can help those preparing for New Jersey divorces estimate likely financial outcomes.