What Are the NJ Laws on Alimony, Child Support, and Asset Settlement?

Question from GA, What Are the NJ Laws on Alimony, Child Support, and Asset Settlement?

Answer from AI:

If you are considering a divorce in New Jersey, it’s important to understand the laws regarding alimony, child support, and asset settlement. These laws can be complex, and consulting with a legal professional is highly recommended for personalized advice. Below is a general overview of these topics.

Alimony in New Jersey

Alimony, also known as spousal support, is financial support paid by one spouse to the other after a divorce. In New Jersey, the court considers several factors when determining alimony:

• The length of the marriage
• The age and health of both parties
• The standard of living established during the marriage
• The earning capacities, educational levels, and employability of both parties
• The financial and non-financial contributions to the marriage
• The parental responsibilities for the children
• The time and expense necessary for the supported spouse to acquire education or training to find appropriate employment

New Jersey recognizes several types of alimony:

1. Open Durational Alimony: Typically awarded in marriages lasting 20 years or more.
2. Limited Duration Alimony: Awarded for a specific period, usually in shorter marriages.
3. Rehabilitative Alimony: Provided to help a spouse gain education or training to become self-supporting.
4. Reimbursement Alimony: Compensates a spouse for financial contributions to the other spouse’s education or training.

For more detailed information, you can refer to the [New Jersey Alimony Statute](https://www.njleg.state.nj.us/).

Child Support in New Jersey

Child support is financial support paid by one parent to the other for the care and upbringing of their children. New Jersey uses the “Income Shares Model” to calculate child support, which considers:

• The income of both parents
• The number of children
• The custody arrangement
• Any special needs of the children

The New Jersey Child Support Guidelines provide a formula to determine the amount of support. You can use the [New Jersey Child Support Calculator](https://www.njchildsupport.org/) for an estimate.

Asset Settlement in New Jersey

New Jersey follows the principle of “equitable distribution” for dividing marital assets. This does not necessarily mean a 50/50 split but rather a fair distribution based on several factors:

• The duration of the marriage
• The age and health of both parties
• The income and property brought to the marriage by each party
• The standard of living established during the marriage
• Any written agreement made by the parties before or during the marriage
• The economic circumstances of each party at the time of the division
• The income and earning capacity of each party

For more information, you can refer to the [New Jersey Equitable Distribution Statute](https://www.njleg.state.nj.us/).

When to Seek Legal Advice

Given the complexities involved in divorce proceedings, it is crucial to consult with a legal professional to understand your rights and obligations fully. A lawyer can provide personalized advice based on your specific circumstances and help you navigate the legal process.

For additional resources, you may consider visiting:

• New Jersey Courts Self-Help Center
• Legal Services of New Jersey

Remember, this information is a general overview and should not be considered legal advice. Always consult with a qualified attorney for guidance tailored to your situation.