The Fundamentals Of Choosing Factors For
This blog post will attempt to identify, and hopefully dispel, five of the common misconceptions about divorce in New Jersey: 1. A court will determine alimony using a “formula” This is entirely false. While New Jersey does implement a “formula” for the calculation of child support (via the child support guidelines), there is no formula for determining an award of alimony. Instead, the determination of alimony in New Jersey is fact-specific, based on an analysis of the 14 factors identified in N.J.S.A. 2A:34-23(b). Although all of the statutory factors are to be considered in determining alimony, some of the most frequently cited factors include the length of the marriage, need of the dependent spouse for alimony and the ability of the supporting spouse to pay it. 2. If I leave the marital home, I will be considered to have “abandoned” it Though untrue, many people believe that moving out of the marital home during the pendency of a divorce action equates to “abandonment” of that asset. One spouse’s decision to leave the marital home will not necessarily extinguish that spouse’s existing interest in the property for purposes of equitable distribution. If children are involved, however, one party’s decision to move out of the marital home, leaving the children behind with the other parent, could have an impact on custody and the related issues. 3. Our marital property will be divided equally (50-50) between us While an equal division of marital assets and debts may be appropriate in some cases, New Jersey is an “equitable distribution” state, meaning that property is divided between spouses in a fair and equitable manner and not automatically on a 50-50 basis.
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