Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court’s discretion. Therefore, when considering whether or not you automatically get spousal support because you are disabled and face a divorce where you will no longer be able to support yourself depends on the laws in your state. In places like Jersey City, New Jersey, the laws are spelled out in the state statutes for the courts to abide by.
According to the New Jersey statutes, Title 2A, chapters 23-34, in all actions brought for divorce, divorce from bed and board, or nullity, the court may award one or more of the following types of alimony: permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either party. In so doing the court shall consider, but not be limited to, the following factors:
(1) The actual need and ability of the parties to pay;
(2) The duration of the marriage;
(3) The age, physical and emotional health of the parties;
(4) The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
(5) The earning capacities, educational levels, vocational skills, and the ability to be employed by the parties;
(6) The length of absence from the job market of the party seeking maintenance;
(7) The parental responsibilities for the children;
(8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
(9) The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
(10) The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
(11) The income available to either party through investment of any assets held by that party;
(12) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
(13) Any other factors which the court may deem relevant.
Many of these factors can relate to a person has has been disabled. Nevertheless, unless you and your spouse are agreeable, it will be up to a court to determine what spousal maintenance, if any, will be ordered to be paid for your disability. If you are disabled and are facing a situation where your spouse wants a divorce, you may need legal counseling to help you protect your legal rights in order to support yourself in the future. Contact us now and we will help you find a divorce attorney in your area that can help you answer any legal questions you may have regarding your personal situation.
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