Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Awarding Spousal Support in Monmouth County

When a couple decides to divorce, there are multiple issues that have to be resolved, including but not limited to spousal support, child custody, child support, and division of property. Decisions about awarding spousal support in Monmouth County can impact an individual’s entire financial life. Divorces are hard on most people, especially emotionally, and the last thing you want to worry about is whether you are adequately expressing your needs and ability to pay or receive spousal support.

A Monmouth County spousal support lawyer can help you estimate what you may have to pay and can assist you in any other divorce issues you may be facing. Factors in Determining Spousal Support in Monmouth County. New Jersey courts look a number of different factors when deciding how much spousal support is owed by one spouse to the other. An experienced spousal support lawyer has seen that the court also has the discretion to consider any other factor that it decides is important.

Important Factors in the Marriage

The most important factor when awarding spousal support in Monmouth County, which usually determines how long alimony will last, is how long the marriage was. This is also a major factor in deciding the type of spousal support that is awarded.

Some of the other important factors that are taken into consideration are the educational level of each person, their ability to find work, their income level, their need for the support or the ability to pay support, and the standard of living that was experienced during the marriage.

Other considerations are the age and physical health of each person, how long anyone has been unemployed or staying at home, property division, and how long it may take either person to finish their education or training for a job.

Calculating the Award

When a couple is still in the process of divorcing but has completed the divorce, the court may award one spouse pendente lite spousal support. This form of awarding spousal support in Monmouth County is temporary until the divorce is finalized, and sometimes it is used as the basis to calculate and award the final spousal support terms.

If one spouse worked during the marriage to support the other spouse while they were obtaining an education, they may have the right to reimbursement alimony. This is a set amount that should be paid to reimburse the spouse that was working for the amount they contributed to the other spouse’s education. If reimbursement alimony is awarded, it cannot be modified later.

Rehabilitative Spousal Support

Rehabilitative spousal support is a type of alimony that is limited in time to allow the person a chance to either receive workforce training or an education so that they can reenter the workforce.

If a person is asking for rehabilitative support, they need to show the court what plan they have to return to work and how long it will take them. This information will allow the court to determine how long the alimony should last.

Limited Durational Spousal Support

Limited durational spousal support has a specific end date. Generally, the court will look at all the factors mentioned above and also how long it will take the spouse to no longer financially require the spousal support. If the marriage was less than 20 years, the support agreement cannot be longer than the marriage unless there are significantly unusual circumstances.

Open Durational Support

The last kind of spousal support, open durational support, is much rarer and does not have an end date. New Jersey recently changed its laws so there is no longer permanent alimony. Instead, an open durational support award will be re-evaluated when the paying spouse is no longer working because they have reached the age of retirement.