If you’re divorcing a spouse after many years of marriage, and your spouse significantly outearns you, it’s understandable if you’re concerned about experiencing a significant change in your standard of living. That can be especially concerning if you largely stopped working outside the home in order to raise kids and/or take on social, community and charitable obligations.
Even if you would be able to resume a full-time career, you might never be able to support yourself in the “style to which you’ve become accustomed,” as some people say. Do you have the right to seek spousal support (alimony) that will allow that?
What does New Jersey law say?
Under New Jersey law, many factors can be considered by a judge when determining alimony. One of these is the “standard of living established in the marriage…and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other.”
If you and your spouse can’t negotiate an amount and duration of alimony that is sufficient to maintain something close to your marital standard of living (with the help of your legal teams), then you’ll need to be ready to make your case in court. This might include pointing to things you’ve done to help your spouse gain the success they have – from supporting them while they got an advanced degree to being a stay-at-home parent to providing unpaid labor in the early days of their business.
You could also address things like age, health or caregiving responsibilities for a family member that prevent you from returning to the full-time workforce. If your earning potential could never reach your spouse’s, that’s an important factor as well.
Remember too that your property division agreement can help you maintain your marital standard of living. It’s crucial, however, to consider the maintenance expenses associated with homes and other properties you might consider seeking to make sure they won’t become a financial burden down the road.
If you’re seeking to maintain your marital standard of living following divorce, it’s important to have a clear goal and to make a strong case. That’s where getting early and experienced legal guidance can make all the difference.