When a couple that’s been married for years or maybe decades divorces, one spouse may lack the ability to support themselves – at least for a time. That’s one of the key reasons why spousal support (alimony) is often ordered.
New Jersey has various types of alimony awards, including open durational, limited duration and rehabilitative. Which one is appropriate typically depends on how long the couple was married, whether one spouse has been a stay-at-home parent and needs time and training to become self-supporting and other considerations unique to each divorcing couple.
One question a lot of people have, particularly if their spouse’s income and assets have allowed them to live a comfortable or even privileged lifestyle they can’t begin to maintain on their own, is whether they have a right to enough alimony to continue a similar lifestyle.
What does New Jersey law say?
New Jersey law states that one factor in determining alimony may be the “standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other.”
In many cases, one spouse has built a successful career that has allowed the other spouse to focus on the children and household or to devote their time to charitable work or pursuing a passion like art that may not be profitable. If they’re middle-aged or older when they divorce, there may be no way they can achieve the standard of living they’ve become accustomed to on their own.
If their spouse can afford to help them maintain something akin to that lifestyle without compromising their own, a judge may agree this is fair. (Of course, a couple may be able to agree on this on their own, with the help of their legal teams, without having to argue their case to a judge.)
Making a strong case for a fair support order
If you’re the one seeking enough alimony to maintain your marital standard of living and your soon-to-be ex is resisting, it’s important to make a strong case. That means having a clear, comprehensive picture of your spouse’s financial situation.
Even though both spouses are required to fully and truthfully disclose their financial information, not everyone does. You might have to do some digging to make sure you’re aware of all of their income and assets. When seeking spousal support, it’s crucial to have sound, experienced legal guidance.