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How can you prove that you deserve more spousal support?

On Behalf of | Jan 21, 2025 | DIVORCE - Divorce

Spousal support, or alimony, provides can provide much-needed financial assistance after a divorce. In New Jersey, courts evaluate multiple factors to determine how much support a spouse should receive. 

If you have reason to believe that the spousal support order is insufficient, you can advocate for a higher amount. This requires presenting clear evidence and focusing on specific factors that align with the state’s legal standards.

Highlight significant financial changes 

A substantial change in circumstances often justifies an increase in spousal support. Losing employment, incurring a medical expense or facing increased childcare costs may be valid reasons to request more support. It is important to present detailed financial records to strengthen your claim.

Focus on the standard of living during the marriage 

New Jersey courts aim to maintain a standard of living similar to what each spouse experienced during the marriage. If the current spousal support fails to meet this standard, you can provide evidence of past expenses such as housing or other lifestyle costs that may help justify an increase. It can be helpful to keep records of marital finances even after the divorce to help demonstrate how your current income falls short.

Demonstrate your inability to earn sufficient income 

If you cannot earn enough income to meet your needs, the court may consider increasing spousal support. Age, health, lack of job skills or limited earning capacity can all be relevant. Be ready to present medical records or details about your job search efforts to show the court that you have tried but are unable to improve your financial position independently.

Show the other spouse’s ability to pay 

The court will also consider the financial capacity of the paying spouse. If their income or assets have significantly increased, they may be able to provide additional support. Pay stubs, tax returns or business records can help demonstrate their ability to meet your increased needs.

By focusing on legally relevant factors and presenting strong evidence, you can prove that you deserve more spousal support under New Jersey law. Understanding how the court values these elements can help you arrive at a favorable outcome.

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