If I’ve been married 5 years and my husband makes $140,000 but I make $42,000, can I receive alimony?

Asked on October 23, 2015 under Family Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When determining the amount and duration of an award for alimony, typically the court will look at several factors, including: the requesting spouse’s actual needs and the other spouse’s ability to pay; each spouse’s age and physical/emotional health; each spouse's income, earning capacity, education level and employability; the standard of living during marriage; the time and expense necessary to obtain education/training for the dependent spouse to become self-supporting, each spouse’s financial contributions (finacial and otherwise) to the marriage; and parental responsibilities, if any.
As for the duration of alimony payments, my research suggets that in NJ pursuant to newly enacted law, if the duration of the marriage is 5 years or less the term of alimony would be a maximum of 1/2 the number of months of the marriage; there no longer is permamanet alimony.
At this point, you should consult directly with a local divorce attorney. They can best advise as to your rights under specific state law.


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