Divorces can be challenging, especially when spousal support is at play. Spousal support, also known as alimony, is compensation that one spouse provides to the other after a divorce. If you’re going through a divorce in New Jersey, it’s essential to understand the factors that a court will consider while determining spousal support. In this article, we’ll explore what spousal support is, how it’s calculated, what happens when you can’t pay it, and what you can do when your ex refuses to pay it.

Factors a court will consider during a New Jersey divorce



When a court considers awarding spousal support, it looks into various factors like the length of the marriage, the age and health of partners, their income and earning capacity, and the marital standard of living. The court may also consider the spouses’ contributions to raising children or managing the household, their education or training required to support themselves, and any other relevant circumstances.

How is spousal support calculated in New Jersey

Unlike child support, NJ courts do not have a defined formula for calculating spousal support. Instead, the court considers various factors, as mentioned earlier, to determine whether the spouse asking for support has a legitimate need and whether the other spouse can pay it. The court may then decide on a reasonable and equitable amount based on the needs of the requesting spouse, the paying spouse’s expenses, and the marital standard of living.

What happens if I am unable to pay spousal support

Failing to pay the agreed-upon amount for spousal support leads to penalties and legal consequences. The court may hold the paying spouse in contempt of court, impose fines, or jail time. If you can't pay your spousal support, you may request a modification to get the determination reduced or temporarily suspended. But, a modification can only be granted if you can't pay due to unforeseen financial hardship or a major change in circumstances.

What are my options if my ex refuses to pay spousal support

If your ex is not paying spousal support, you may file a motion in court for enforcement, which may include wage garnishments or locking up assets. An experienced divorce attorney can assist you in filing an application and provide guidance on how to go about enforcing payment or collecting arrears.

Divorce is a challenging and overwhelming process, especially when spousal support is at play. If you need assistance in navigating your divorce or require legal representation, the Law Offices of Mavinkurve & Patel, LLC can help. We have the experience, knowledge, and compassion to help you during this difficult time, and offer a free consultation to discuss your options. Contact us today to schedule an appointment.