Divorce is messy, stressful, and can turn your finances upside down. Suddenly, bills, rent or mortgage, and everyday expenses that used to be shared are all on your shoulders.
Even if you have planned ahead, the reality of managing your own money can feel overwhelming. Sometimes, financial support in the form of alimony can help.
So, are you eligible for alimony after divorce in New Jersey? Here is what you need to know about whether you might qualify and how to plan for life after the marriage.
How Does Alimony Work in New Jersey?
Alimony is a type of financial support from one spouse to another after a divorce. The purpose is to help the lower-earning or non-earning spouse maintain a reasonable standard of living.
This is not a handout or a guarantee of permanence. Alimony can balance out the financial burden, especially if one person gave up career opportunities, stayed home to raise kids, or earns less.
In New Jersey, alimony comes in a few types:
- Open Durational Alimony: This is usually awarded in long-term marriages. It does not have a set end date and continues until something changes.
- Limited Duration Alimony: This is more common in shorter marriages. It is intended to help someone get back on their feet for a specified period.
- Rehabilitative Alimony: Temporary support while you gain education, training, or experience to boost your earning power.
- Pendente Lite Alimony: This is short-term help during the divorce process itself.
- Reimbursement Alimony: This compensates a spouse who assisted the other in obtaining an education or training that enhanced their earning potential.
Who Might Be Eligible?
There is no one-size-fits-all answer here. Courts in New Jersey look at a few factors before deciding if alimony is appropriate:
- Length of the marriage: Longer marriages often result in longer support periods.
- Age and health: If you are older or have health challenges, the court may consider that when deciding support.
- Standard of living: Courts try to help you maintain a lifestyle reasonably similar to what you had during the marriage.
- Income and earning capacity: They will look at what you currently earn, what you could earn, and any sacrifices you made during the marriage.
- Contributions to the marriage: This includes taking care of the home and raising children.
- Custodial responsibilities: If you are the primary caregiver for children, that affects both your earning ability and your need for support.
- Tax considerations: Alimony can impact taxes for both parties, and that is factored into the calculation.
Additionally, life changes such as remarriage or moving in with a partner who provides financial support can modify or terminate alimony.
Can You Get Alimony After the Divorce Is Finalized?
In New Jersey, alimony can continue after the divorce is finalized if it was included in the final judgment. That means the court can order payments to start once the divorce is official and continue for the duration specified.
However, if alimony was not discussed or included before the divorce was finalized, you cannot go back later and ask for it. For this reason, you want to bring up the topic during the divorce process if you think you might need support.
Even after the divorce, the court can modify existing alimony orders if circumstances change, like a job loss, retirement, or remarriage, and it will enforce payments if they’re not made.
So, while a finalized divorce does not cut off alimony that was ordered, it also doesn’t create a new chance to request it afterward.
Let Us Answer Your Alimony Questions
Can you get alimony after a divorce in New Jersey? Alimony helps even things out when a marriage ends. But there are different types of alimony available, and you may not qualify for some options. Working with a New Jersey family law attorney gives you a roadmap through what can otherwise be a confusing process.
At Carvajal Law, we can help you sort through those options. Schedule a consultation to learn more about how we can assist with this process.