How Long Does Someone Have To Pay Or Receive Alimony In New Jersey?
It depends. One of the factors is the length of the marriage. As mentioned, if you were married 20 years or more, it’s permanent. A spouse will be paying spousal support until the age of 65 is reached, and then it’s debatable. The age of 65 will trigger a change in circumstance, and the court will determine whether alimony should continue. Basically, you cannot have alimony longer than the length of the marriage. If you were married for eight years, you wouldn’t get alimony for more than eight years.
When Does Alimony Or Spousal Support Begin In New Jersey? Can I Get It During Separation?
The courts in New Jersey have what is called pendente lite support. Pendente lite support means that during the pendency of litigation, you can get spousal support. For instance, if a wife stays with the children, and she runs them back and forth to soccer and little league while her husband works, she may qualify for pendente lite support. The husband, in this case, has to make sure that the mortgage or the rent gets paid, that the family has a car, and any other kind of support is in place while the divorce is pending.
Can The Amount Of Alimony Or Spousal Support Ever Be Changed In New Jersey?
Alimony and child support are always subject to justice in the court, and depending on a change in circumstances, they can change. For example, suppose you’re the payor, and you get a heart attack, lose your job, and you’re no longer able to pay $1000 a month because you’re on disability, the court will consider it. You have to bring proof to the court, but it can change depending on the circumstances.
Does Committing Adultery Impact Alimony Or Spousal Support In A New Jersey Divorce Case?
No, committing adultery does not impact spousal support in a divorce case. New Jersey is a no-fault state, which means that the courts have no interest in why you want a divorce. The 13 factors are considered in terms of whether or not you get alimony and how much you get awarded. Also, the need and ability to pay are factors that determine alimony. Often, there is no need when there are two professionals involved in a divorce, especially if one is making $150,000 while the other is making $130,000. The court will say there’s no need, so no one has to pay. There are a lot of reasons why a person won’t get alimony, but the court will always consider the 13 factors, and adultery is not one of them.
What Are My Rights If My Spouse Fails To Pay Alimony Or Spousal Support In New Jersey?
If your spouse fails to pay alimony or spousal support, you can come back to the court for action. The court must find that the spouse is not willfully paying to put him in jail or cause payment. For example, if the spouse is a doctor and he is making $350,000 per year, and he can pay his alimony but isn’t because he’s mad at you – the court can seal his bank accounts or make him pay through his equities, stocks, and bonds. The court can reach all his assets to make sure you get paid.
However, there are situations where the court finds that people are not willful if they got sick, lost their job, or haven’t worked in a year and a half. These situations are not willful, and you would have to settle out of court and hope that things get better.
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