When you go through a divorce, one of the most contentious matters for couples is determining how much alimony the recipient spouse should receive, if any. Most paying spouses believe the other is asking for too much, while the recipient may feel like they aren’t receiving enough. As such, the courts may need to step in. However, after a court order is set, your circumstances may change, which can influence these payments. The following blog explores these circumstances in further detail and how a Somerset County alimony attorney can assist if you need to modify your spousal support payments.
What Determines Alimony?
In New Jersey, if you and your spouse cannot work together to determine an alimony amount, the courts will decide for you. It is a common misconception that the lower-earning spouse will automatically receive payments. If one party wishes to receive alimony, they must request it and allow the courts to examine several circumstances to determine if payments are necessary and if so, how much the amount will be.
Generally, when the courts are looking at alimony cases, they will consider the following elements to determine whether or not this is necessary:
- The income of each spouse
- The duration of the marriage
- The earning capacity of each spouse
- If there are any children involved
- If one spouse gave up their career to support the other
- The health and age of each spouse
- How their property is distributed
If Circumstances Change, Can I Modify Spousal Support?
In many instances, certain situations may arise in which you can petition the court to modify the alimony order in place. This is true for the paying or receiving spouse. However, it’s important to understand that the courts will typically only consider substantial changes in circumstances before modifying a support order.
It’s important to understand that once a court order is in place, you cannot violate it. This means if you lose your job, you cannot stop paying alimony unless you are granted permission to do so from the court. Typically, the courts will consider whether or not your loss of employment was your fault, like violating company policies, in order to determine whether or not to modify the support order.
Another reason you may request to change the support order is because your ex-spouse begins cohabitating with a new partner or gets remarried. If this is the case, you can petition the court to stop these payments.
Alimony can be complex, as many spouses take this very seriously. As such, it is critical to ensure you have legal representation on your side to fight for your best interests. At the Siragusa Law Firm, we understand how complicated these issues can be. That is why our team is committed to fighting for our clients. Connect with us today to learn why so many in New Jersey have relied on us to help them move to the next chapter of their lives.
