Is a Spouse Automatically Entitled to Alimony?

It’s difficult to answer that as a blanket statement. Essentially, in the state of New Jersey, alimony is either payable or is received from a spouse based upon a number of factors. One of the factors is the length of the marriage. There is no set time in New Jersey, but they will look at the totality of the marriage; how long the marriage was.

They’ll also look at the ability of the parties to earn an income, what those incomes are, if either party needs to go to school to get appropriate education to earn an income, the ability of that party to earn the income, and any other factors that are relevant. If there is a child that has special needs in the house that one parent needs to be home for or if that party has a medical condition, it might also come into play with regard to alimony. Alimony is not a black or white in New Jersey. It’s pretty much based upon the totality of the circumstances that surrounded the marriage. I suggest that if you believe alimony is going to be a factor in your divorce, consult with an attorney to get advice.

The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced divorce attorneys in the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered.