Frequently Asked Questions

Divorce Eligility and Grounds
Process and Procedures
Division of Property
Child Support
Spousal Support and Maintenance
  • Am I automatically entitled to Spousal Support?

    No. The statute in New Jersey which related to alimony/ spousal support is very specific as to whom would be allowed to seek same from their spouse. Our attorneys are more than capable of running through the statute and addressing each element with you in order to determine your eligibility.

  • How much support am I entitled to?

    The amount of support that will be awarded to a "non-monied" (or the spouse with less income) spouse will depend on numerous factors including the relative earning power of the parties, the difference in incomes, the lifestyle enjoyed by the parties during the marriage and the length of the marriage. During your divorce consultation, our attorneys will explain your rights and options.

  • I am unemployed, am I entitled to support from my spouse?

    Typically, if you are unemployed for good-cause and your spouse is receiving income from various sources, you will be entitled to support. The amount of support you will receive depends on factors such as the relative earning power of the parties, the difference in incomes, the lifestyle enjoyed by the parties during the marriage and the length of the marriage. Our attorneys will be sure to explain your rights and options.

  • Can I get support from my spouse while my divorce is pending?

    Yes. A motion (i.e. request for relief from the court) can be filed after the complaint for divorce is filed seeking unallocated pendete lite support (temporary support) from your spouse. This means that the court can temporarily set a weekly, bi-weekly, or monthly amount for support to be paid from one spouse to the other while the matter is pending.

  • We were married for less than a year, will I have to pay any support to my spouse?

    While it depends on the specific facts of your case, the likelihood is that due to the short term of the marriage, if spousal support is necessary it will be for a short duration. The party seeking support will have to prove extraordinary circumstances that warrant the allocation of spousal support.

  • How do I ensure that my spouse does not seek support from me in the future?

    The best way to ensure that neither party revisits the issue of spousal support in the future is to execute a written Settlement Agreement or Stipulation of Settlement whereby both parties waive rights to support. While in some counties it is against public policy to waive rights to support in extraordinary circumstances, a well-drafted stipulation will ensure that under ordinary circumstances neither party will be able to revisit the issue of support.

  • How is Spousal Support paid?

    Spousal support can be paid in a variety of ways, just like child support. For example, some parties agree to pay directly via check or money order. Other parties request the assistance of the Probation Department and even seek support to be garnished from their spouses paycheck.

  • When does Spousal Support end?

    It depends. New Jersey has a new law in place for spousal support in the event the parties have been married more than twenty (20) years. Our attorneys will review the facts of your case and advise as to how long alimony receipt would be fair and equitable.

  • What happens if I am paying Spousal Support but my former spouse is cohabitating and/ or has remarried?

    In your Marital Settlement Agreement or Property Settlement Agreement there will be a section that specifically addresses this issue. Usually, once a party receiving support engages in cohabitation or declares their desire to remarry, support from the payor spouse ends.

  • How is alimony taxed?

    Under the new presidential administration, extreme changes were made to the treatment of alimony for tax purposes. As such, if you are concerned about the tax implications, we encourage you to speak to a Certified Public Accountant.

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