If I’ve been married 5 years and my husband makes $140,000 but I make $42,000, can I receive alimony?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’ve been married 5 years and my husband makes $140,000 but I make $42,000, can I receive alimony?
Asked on October 23, 2015 under Family Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
When determining the amount and duration of an award for alimony, typically the court will look at several factors, including: the requesting spouse’s actual needs and the other spouse’s ability to pay; each spouse’s age and physical/emotional health; each spouse's income, earning capacity, education level and employability; the standard of living during marriage; the time and expense necessary to obtain education/training for the dependent spouse to become self-supporting, each spouse’s financial contributions (finacial and otherwise) to the marriage; and parental responsibilities, if any.
As for the duration of alimony payments, my research suggets that in NJ pursuant to newly enacted law, if the duration of the marriage is 5 years or less the term of alimony would be a maximum of 1/2 the number of months of the marriage; there no longer is permamanet alimony.
At this point, you should consult directly with a local divorce attorney. They can best advise as to your rights under specific state law.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.