Great father, wife cheated, earn more= Alimony!
Great mother, great earner, lazy cheating husband= Alimony!
Beat your husband, cheat on him, humiliate him, he earns more, congrats, you still receive…… Alimony!
Yes, it is true that you do not need to be Fibonacci, Einstein or Archimedes to figure out the equation or logic.
In New Jersey, no matter what your spouse did, if the economic equation fits, you are paying alimony! It may drive you nuts, you may not think its fair, but in the great State of New Jersey, you will have to pay. In other states, you may not have to pay. In fact, the State of Georgia considers adultery when an alimony request is made but not in New Jersey. Alimony, just like equitable distribution (the division of assets) does not account for marital fault. So I have seen cases where the husband was removed from the marital home because of a final restraining order for violent acts yet he still obtained close to half of his wife, the higher earner’s (seems to be a trend) accumulated assets and pension while he sat around. Sickening. The same however can be said about a woman who cheats on her husband, sits around and yet the husband who finds out about the infidelity is forced to pay alimony and divide assets almost equally if not equally.
Alimony and divorce laws have affected households throughout America in a very bad way. A simple argument is now domestic violence and/or abuse (some cases are truly domestic violence and not simple arguments). That simple argument can lead to a domestic violence final restraining order which strips you of your rights, custody of your children, where you live, where you work. Cheating is ok because, hey, the Judges do not care whether you cheated or not, you are ENTITLED. You did all you could for your spouse, your kids, yet, your spouse cheated and you are still punished with alimony payments. The theory of not taking fault into account, especially cheating/adultery is that a failure in the marriage led to the cheating/adultery.
People always ask, how much will alimony be? 50% 70% Alimony, unlike child support is based on the marital lifestyle led. Child support is calculated by way of the New Jersey Child Support Guidelines. The usual calculation that people use, which is not mandated, is the 1/3 formula. Take your income-subtract the lesser earning spouses income or potential income and then multiply that number by 33%. This will give you a rough estimate of what a Judge may do. It can be higher or lower. If you and your spouse agree on a number, that is even better for everyone.
The next question tends to be how long do I have to pay alimony? The maximum you can pay alimony in the majority of cases where the marriages are 20 years or less, is the length of the marriage. That is the maximum. However, most cases the alimony period is about half the length of the marriage but again, this is just the “average” case and the time period can be more or less dependent on several factors.
Divorce cases where the parties do not agree can be very challenging on all the parties involved. The case and the divorce can begin to bleed into other aspects of your life. The thin line between love and heat is so real in family court that you would not believe the parties were ever married or loved each other. It does not have to be this way but whether it is or not, my team and I at the Artusa Law Firm can help you with your family law and divorce issues. To discuss your case confidentially and the options you have, contact my Jersey City office today on 201-706-7910.