Straightforward Legal Advice From An Attorney Who Understands

Alimony is gender-neutral

On Behalf of | Dec 23, 2024 | Alimony |

After welcoming a new child, many parents find themselves deciding between sending the child to daycare or one parent staying at home to take on the role of primary caregiver.

Society has traditionally associated this role with the mother. However, as women continue to fill executive roles in corporations across the country, more men are becoming stay-at-home dads. How does that affect their financial situation if the marriage ends?

Breaking the stereotypes

When most people hear the word “alimony,” they tend to envision the traditional scenario of the husband paying spousal support to his ex-wife. Alimony aims to ensure that both parties have the finances they need to move forward without falling into poverty. New Jersey courts don’t base their decisions on stereotypes. Instead, they consider the following:

  • How long the marriage lasted. When the couple has long been married, one spouse likely becomes financially dependent on the other.
  • Standard of living that the couple had while they were married.
  • Current financial situation of both parties and their ability to earn an income.
  • Age and health of each spouse. One who is older or less healthy may not be able to become self-supporting, which can impact the length and amount of alimony.
  • If one spouse was the primary caregiver for the children and took on most of the household duties.

Even though women still make up the majority of primary caregivers and homemakers, dads have been catching up and now make up 18% of stay-at-home parents. Still, women are sometimes shocked when the court rules they are to pay their ex-husband’s alimony.

During the divorce, the judge may require the wife to pay “pendente lite” alimony to ensure the other spouse can meet their immediate needs, including shelter, food and legal fees. Afterwards, the judge may award the ex-husband one of the following four types of alimony:

  1. Open durational
  2. Limited duration
  3. Rehabilitative
  4. Reimbursement

Anyone who is considering a divorce needs to discuss their situation with someone who can help them understand what, if any, alimony they may be either due or liable for.

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