When two spouses divorce, one might earn substantially more than the other. In this case, the spouse with lesser earnings might be entitled to alimony so they can continue supporting themselves after the divorce. Alimony can also be part of premarital agreements. Spousal support can be a complex part of divorce, and the courts consider every petition for alimony seriously before granting or denying it.

If you are going through a divorce in New Jersey and wondering if you'll be able to get alimony or if you'll have to pay support to your former spouse, the Lento Law Firm's Family Law Team can help. Call 888-535-3686 or send us your information via our confidential contact form.

Reasons Why the NJ Courts Would Deny Alimony

Alimony, or spousal support, as it's sometimes called, isn't a guarantee. One party must file a petition for it. Then, the courts look very closely at several factors to determine if the petitioner should be awarded alimony and, if so, how much.

Some of the factors the court considers when deciding to grant or deny alimony:

• Duration of the marriage
• Incomes of each party
• Debts, earning potential, inheritances, trusts, and other financial factors of each party
• Age and health status of both spouses
• Existing child custody or support arrangements
• Standard of living for each spouse during the marriage
• Financial contributions by each spouse during the marriage

The courts may deny alimony if the marriage didn't last long or the party being requested to pay spousal support doesn't have the funds for it.

In New Jersey, judges don't take fault into consideration when deciding alimony. If it's an at-fault divorce (one of the spouses committed infidelity, for example), it won't factor into the decision to award or deny alimony.

Types of Alimony

It's worth noting that in New Jersey, the law allows the courts to award a combination of different types of alimony. The spouse requesting alimony might not get entirely denied but may not receive as much as they were hoping for.

The types of alimony possible in New Jersey are:

• Rehabilitation Alimony: One party needs financial support while getting training or education to re-enter the workforce.
• Limited Duration Alimony: It lasts a short time, typically for couples that weren't married for long.
• Reimbursement Alimony: It's typically limited to household expenses and education costs for the lesser-earning spouse to get back on their feet financially.

Our Family Law Team Can Assist with Your Alimony Case

If you're going through a divorce and have questions about alimony, the Lento Law Firm Family Law Team can help. We assist families across New Jersey with difficult divorces, spousal support, child custody arrangements, and more. We'll stand up for your rights and ensure that the courts don't award less than what you need or try to take more than what you can afford for alimony.

Call 888-535-3686 or fill out our contact form with your information to schedule a consultation and learn more. We're ready to fight for you.