When you are a victim of violence at the hands of your spouse, escape can be challenging. However, if you are divorcing your abuser, you may worry about whether or not you will have to make alimony payments to them. This is an unfortunate concern for many divorced spouses, as it continues to exploit the control abusers have on victims. The following blog explores how domestic violence can affect alimony payments and why connecting with a Somerset County alimony attorney is critical in these instances.
What Factors Influence Alimony Payments?
When divorcing, there are many factors that the courts will take into consideration when awarding alimony payments. However, it’s crucial to note that spousal support is not automatically awarded. It must be requested, as the courts will consider a significant number of factors before making the decision. These include, but are not limited to, the following:
- How long the parties were married
- The age and health of each party
- The living standard each spouse grew accustomed to during the marriage
- Each spouse’s earning capacity
- The financial and domestic contributions from both spouses
- The ability of the paying spouse to afford alimony
Will Domestic Violence Impact the Outcome of an Award?
If you are worried about whether or not the courts will grant your abusive spouse alimony, the laws can lean in your favor. Generally, there are laws in place to give courts and judges the discretion to bar someone from collecting alimony. For example, those convicted of murder, homicide, assault, or similar offenses are barred from collecting alimony if the crime was committed after the union or results in serious bodily harm. However, the law specifically states that nothing stated in that section should limit the court’s decision to deny alimony for other offenses. This grants the courts leniency to bar convicted domestic abusers from collecting alimony from their victims.
Aside from leeway in the laws regarding this issue, the Prevention of Domestic Violence Act gives New Jersey courts the right to revoke any settlement that awards a convicted abuse alimony from their victim.
Regardless, it’s imperative to ensure you contact an experienced attorney as soon as possible to explore your legal options during these times. Unfortunately, trying to navigate this process while dealing with the impacts of abuse can be challenging and overwhelming. As such, letting an attorney handle the legal complexities of this matter so you can focus on healing is critical.
At the Siragusa Law Firm, we are ready to fight for the rights of those who have suffered at the hands of their spouse. As such, our dedicated team will do everything possible to assist you during these challenging times. Contact us today to learn how we can fight for you when you’re having issues regarding alimony and an abusive spouse.
