Spousal support (also referred to spousal maintenance) is the financial assistance provided to one spouse (or former spouse) by the other. Spousal support can be permanent or temporary in nature, though recently New Jersey changed the law to make permanent support very rare. The amount of support can be determined prior to a divorce in a pre- or post- nuptial agreement, or agreed to by both parties at the time of divorce. If spouses disagree about support issues, the court can intervene and make the ultimate determination.
In awarding temporary maintenance, the courts can look at factors such as the duration of the marriage and the age and health of the spouses. They can also look at the income and assets of each party, as well as the earning potential of both parties, including any factors that affect the parties earning potential, especially those relating to the marriage. For example, if one spouse contributed to the marriage by staying home with the children and therefore has limited earning potential for this reason, this could be considered as a factor is determining spousal support. The courts must determine whether the support is necessary for the petitioning spouse to support her or himself.
Matrimonial cases, already fraught with emotional issues, can become hotly contested when the issue of spousal support arises. In these cases, it is crucial that you are represented by an attorney with a multitude of experience in this area.
Thomas R. King regularly represents clients in the challenging matters of child support and spousal support litigation. Due to his extensive experience in matrimonial matters, he has consistently been able to secure favorable outcomes for his clients. He prides himself on ultimate accessibility and is always available to his clients in the event that they have any questions or concerns. Call New Jersey family law attorney Thomas King today for a consultation.