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The role of emotional health in determining alimony in New Jersey

On Behalf of | Apr 2, 2024 | DIVORCE - Divorce

Emotional health plays a role in the determination of alimony in New Jersey. Of course, financial factors are often at the forefront of such decisions.

However, the court considers emotional well-being. It affects an individual’s ability to maintain a certain standard of living post-divorce.

Earning capacity

Emotional health can go past self-esteem, ability to adapt to change, emotional expression and ability to set boundaries. For example, mental health issues such as depression or anxiety can hinder an individual’s ability to work and earn income. In such cases, the court may award alimony to support the spouse experiencing emotional challenges and struggling to maintain employment.

Custodial responsibilities

Divorce can be emotionally taxing, particularly for parents dealing with guilt, anger or sadness. The emotional stability of each parent factors into custody arrangements and, consequently, alimony. If the court deems one spouse emotionally unstable and unable to provide adequate care for the children, the other spouse may get alimony to assist with the financial costs of childcare.

Standard of living

The dissolution of a marriage can lead to significant emotional distress, which may impact an individual’s ability to maintain their pre-divorce standard of living. Alimony may help bridge the gap between the parties’ respective emotional states. It may let both spouses maintain a similar standard of living post-divorce.

Therapy, support groups and other resources can help individuals navigate the emotional complexities of divorce and present a clearer picture of their emotional needs to the court.

By addressing emotional needs and seeking support, individuals can better advocate for themselves during the alimony determination process.