If you’re preparing to divorce after many years of marriage, one of your key concerns may be whether you’re going to experience a drastic change in your lifestyle – for the worse. This isn’t an uncommon worry, particularly when one spouse has built a successful business or career while the other spouse has largely traded their professional goals for raising the kids and/or maintaining their home.
Many spouses act as an unofficial social secretary, personal assistant, party planner, public relations representative and more to help their spouse maintain the reputation they’ve developed in their profession and their community. However, it can be very difficult to take those skills into the workplace and get a job that will allow them to support themselves in anything close to the lifestyle to which they’ve become accustomed. It’s even more difficult if a spouse who isn’t active in the workforce is in their 40s or older.
What does New Jersey law say?
Fortunately, when determining the type and amount of alimony (also known as spousal support or maintenance) to which a spouse is entitled, New Jersey law allows judges to consider the “standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other,” along with a variety of other factors.
You and your soon-to-be ex and your legal representatives may be able to work out a fair support agreement that takes all of these things into consideration without a judge having to weigh in. However, if you’re not able to reach what you consider a fair agreement on your own, you’ll need to be prepared to present a strong case in court.
For example, if your spouse will continue to earn a substantial salary and other income (perhaps from investments or intellectual property) while you will never be able to reach anything close to that on your own, that’s an important consideration. If you supported your spouse years ago while they obtained a professional degree or built their business, that can be important consideration as well.
Judges have broad discretion in determining spousal support. Having experienced legal guidance can be consequential when it comes to ensuring that you’re able to live comfortably after your divorce.