Can Alimony be Enforced in New Jersey?

Alimony is often one of the most contentious matters of a divorce. As a result, there are times that alimony payments may need to be enforced. Read on to learn more.

What are the different types of alimony?

  • Limited-duration alimony: Generally, if you were in a short-duration marriage, the court will order the payment of limited-duration alimony. A court will make a decision based on the duration of your marriage, both you and your former spouse’s age, and both you and your former spouse’s earning potential.
  • Open-durational alimony: This type of alimony is for spouses who have been married for over 20 years. Open-durational alimony does not have a set end date, though the amount can be modified based on a significant change of financial circumstances. 
  • Reimbursement alimony: A party may receive reimbursement alimony if their former spouse has foregone meaningful employment to pursue an advanced degree. Generally, this type of alimony is used to repay the spouse who was working while the other spouse was in school.
  • Rehabilitative alimony: This form of alimony is generally used to pay for additional schooling or vocational training to help a financially dependent spouse reach financial stability.

How is alimony determined?

It can be difficult for couples to agree on alimony. As a result, this matter is often decided by a judge. When making a decision about alimony, a New Jersey judge will examine the following factors:

  • Need and ability of the parties to pay
  • Duration of the marriage
  • Age and health of the parties
  • Standard of living established during the marriage
  • Earning capacities and employability of the parties
  • Length of absence from the job market for the supported spouse
  • Parental responsibility for the children
  • Time and expenses necessary to re-enter the workforce
  • History of financial and non-financial contributions to the marriage
  • Equitable distribution of property
  • Income available

Can alimony be enforced?

In some cases, a spouse may be ordered to pay alimony and may refuse to make payments, fail to pay them on time, and more. If this occurs, you may need a New Jersey judge to order an enforcement. Some ways for the court to enforce alimony payments include:

  • Wage garnishment
  • Property liens
  • Driver’s license revocation
  • Imprisonment

If your ex-spouse refuses to pay court-ordered alimony, you will likely need the help of an experienced divorce attorney. Contact our firm today to discuss your options. We will advocate for you throughout every step of the process.

Contact our Firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.