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Will My Spouse Be Denied Alimony in Our Divorce?

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There are few things more stressful in life than going through a divorce. Even an amicable divorce comes with several issues to contend with. At times, what started out as uncontested divorces can quickly turn contested once critical divorce-related issues come into place. One of the most hotly-contested divorce-related issues is that of alimony. If your spouse is currently seeking alimony, there’s a chance you don’t want to pay it, as you may feel as though he or she was the cause of your divorce or that they are financially independent enough that they don’t truly require it. That said, courts follow very specific guidelines when determining whether to grant or deny alimony. Please continue reading and reach out to a dedicated Somerset County alimony attorney to learn more about whether your spouse will be denied alimony and how our firm can help you. Here are some of the questions you may have:

How do I know if my spouse will be denied alimony?

To start, there is no guarantee that your spouse will receive, or be denied, alimony. That said, in most cases, New Jersey courts will consider several factors when determining an alimony agreement. Some of those factors are as follows:

  • Whether one spouse was financially dependent on the other spouse
  • The standard of living established over the course of the marriage
  • The ability and extent to which the supporting spouse can pay alimony
  • The duration of the marriage
  • Each spouse’s yearly salary
  • Any other factor the court deems relevant

You should note, however, that though courts will consider all of the aforementioned when determining an alimony agreement, adultery is not on the list. Many spouses feel as though it’s only fair for their spouse not to receive alimony if they committed an act of adultery, thereby, effectively ending the marriage, however, in general, New Jersey courts do not consider adultery to be a valid reason to deny a spouse alimony.

Can I ever modify or change our initial alimony agreement?

In some cases, you can. As long as you can prove to the court that there has been a significant and unforeseen change in circumstances since your initial divorce decree was issued, you should qualify for a post-divorce modification. For example, if you currently pay alimony and your ex has since remarried, got a new, higher-paying job, or that you’ve encountered a costly medical issue that prevents you from paying the current amount of alimony, you may receive a post-judgment modification. That said, you’ll need a competent attorney who can help prove your case.

For any other alimony or divorce-related questions, simply pick up the phone and give our firm a call today so we can get started working on your case.

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