If your spouse is not working, it does not necessarily mean you will have to pay more in alimony in New Jersey to offset their lack of income. Instead, the court will consider the reason why your spouse is not working, along with various other factors, to arrive at the overall alimony determination. Then the judge will make the final alimony decision based upon the total circumstances.
GET LEGAL HELP WHEN YOU EXPECT TO PAY ALIMONY AND YOUR SPOUSE IS NOT WORKING
Alimony decisions are case specific, so it will be to your benefit to speak with an attorney who can guide you based upon your unique marital circumstances. Getting legal help can be especially crucial if you are in a situation where your spouse who is asking for alimony doesn’t have a job. Your experienced divorce lawyer will look at all the detailed facts of your situation and will be your advocate in getting a fair spousal support outcome.
You should not have to pay more in alimony if your spouse is able to work but prefers not to do so. When you choose our firm to help you, you can count on knowledgeable and vigorous legal representation designed to protect your rights.
FACTORS THE COURT CONSIDERS IN MAKING ALIMONY DECISIONS
The New Jersey court considers various factors under the law in making alimony decisions. They include the following:
- The ability of the parties to pay
- How long the couple was married
- Ages and physical and mental health of the parties
- The marital standard of living
- Parental responsibilities of both spouses
- Assets available to the parties through investments
- Financial and non-financial contributions to the marriage.
This is a partial list. You can see all the criteria at N.J.S.A. 2A:34-23. All of these factors will be assessed to determine whether to award alimony at all and how much should be paid.
IMPUTING INCOME IN A NEW JERSEY DIVORCE
The incomes of both spouses are taken into account in making alimony decisions. If a spouse is not working, the court may impute income to them and that figure will be used to make alimony calculations. Imputing of income means that an income will be assigned based on expected earning capacity. Its purpose is to foster economic fairness in divorce settlements. For payors, it helps to ensure that they are not taken advantage of financially.
In divorce, imputed income may be factored into alimony payment calculations and child support determinations, and can also affect property division in divorce. In deciding whether to impute income, the court looks at whether a person is willfully unemployed. Willful unemployment generally means that the party has the ability to work and find employment but intentionally chooses not to do so. To arrive at an income figure, the court will consider the person’s education, vocational skills, employment history, average salary in their field, and availability of opportunities in their geographic area.
Income may also be imputed in instances of underemployment—when a spouse who could work full-time works part-time or works in a position below their earning potential.
How Do I Have My Spouse’s Income Imputed So My Alimony Payment is Not Higher?
If you wish to have your non-working spouse’s income imputed, you will need to show evidence to counter whatever evidence they produce claiming they can’t work. Types of evidence could include pay stubs from previous employment they may have had, tax returns, and copies of college diplomas, trade school certificates, and professional licenses.
Additionally, if you believe your spouse could be hiding assets in order to get more in alimony from you, we can investigate to discover whether this is taking place. Any hidden assets that are found would also be factored into the overall alimony equation.
In cases where a person is seriously physically or mentally disabled, the court is unlikely to impute income. However, the person claiming a disability may need to provide medical proof to the court, depending upon the circumstances.
TYPES OF ALIMONY IN NEW JERSEY
Once all the factors of your lives and financial situations are established, including potential imputation of income (or not) to your non-working spouse, there are various types of alimony that can be ordered. They include the following:
- Limited duration alimony is awarded in marriages of less than 20 years and can’t exceed the number of years married.
- Open durational alimony, which has no fixed limit, may be awarded when a couple has been married for 20 years or longer.
- Rehabilitative alimony may be awarded while a spouse gains the skills needed to get an appropriate job or to increase their earning capabilities.
- Reimbursement alimony is awarded in cases where one spouse supported the other spouse in obtaining an advanced education.
Another type of alimony is called pendente lite support. This is temporary support that is paid during the divorce process and ends with the final divorce order.
Existing alimony orders can sometimes be modified if situations call for it. In cases where a person’s financial situation has changed significantly or there is a serious illness, the court may consider modifying the order. Cohabitation of the receiving spouse can reduce payments and sometimes terminate alimony. Remarriage of the receiving spouse generally ends alimony, except in the cases of reimbursement or rehabilitative awards.
CONTACT OUR EXPERIENCED DIVORCE AND ALIMONY LAWYERS TO LEARN HOW WE CAN HELP YOU
You should not have to pay more out of your own pocket to support your ex-spouse’s lifestyle when they are voluntarily unemployed. At [MFR] Men’s & Fathers’ Rights Divorce Lawyers, we will fight to have their income imputed if the situation calls for it so that you receive a fair alimony decision. If your spouse is falsely claiming a disability or another reason that they can’t work, we will investigate to get to the truth of the claim.
Our knowledgeable New Jersey family law attorneys have decades of combined legal experience satisfactorily resolving spousal support issues and the full range of divorce-related concerns. Contact us today at (201) 880-9770 to schedule a confidential consultation about your case.
