Comparing Rights To Alimony In New Jersey And Pennsylvania
Written by
Lawrence Tomar, Esq. Partner, Kamensky♦Cohen
IN NEW JERSEY
Generally speaking, there is a presumption in New Jersey that a spouse married more than ten years, whose earnings or earning capacity is less than the other spouse, is entitled to alimony. Under these circumstances, where there is a ten-year or longer marriage, a Judge must presume that alimony will be indefinite in nature, meaning that it will continue in effect until a change in circumstances for instance, an increase in the dependent spouse’s income or re-marriage or retirement or loss of employment by the spouse paying alimony. But, even for a less than ten year marriage, alimony may be indefinite, especially where there is a large disparity in income, particularly where the dependent spouse is the primary caretaker of young children
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