Breitowich Law Firm is here to help secure your financial future in the case of a divorce or separation.
Yes, men can also receive alimony. The statute is not gender or role specific. Any spouse that qualifies may receive the award.
For marriages of less than 20 years, open durational alimony (alimony without a specified ending date) is not appropriate, and alimony cannot exceed the length of the marriage. There are, however, a few exceptions to this. These exceptional cases are listed as the following:
Under most circumstances, when a party does not receive alimony during a divorce it is either because they agreed that they don’t need it (waived their right to receive it) or a Court determined by way of a trial that it was not appropriate. If someone waives alimony, it is a permanent waiver and they cannot come back to the Court to change that request at any time no matter what the circumstances- if your ex wins the lottery, if they get a job earning 10 times what they were earning, if you lose your job the very next day, if you become disabled, etc. However, if the court orders no alimony to be awarded at the conclusion of trial, it would depend specifically as to what was stated in the Court’s decision which would determine if alimony could be sought at a later date.
While there is no standard format used to calculate the awarded amount and duration of an award for spousal support in New Jersey, there are a number of different factors that courts are required to consider in their determination. These factors, as outlined by New Jersey’s alimony statute (NJSA 34 N.J.S.2A:34-23), are as follows:
*Any judge who places more importance on certain factors than on others is required to explain the reasons for this in writing.
In September of 2014, the legislature added additional factors that courts must look at in addition to the factors above, which include:
Going through a separation or divorce is daunting enough as is. The allocation of funds through Alimony (or “Spousal Support”) is an additional headache that looms over many that find themselves in this already complex and difficult situation. We at Breitowich Law Firm are here to take that additional burden off your plate so you can rest assured that your financial future lies in competent and caring hands and works well for both parties.