Sometimes marriages take a downturn within days or months of receving the certificate. Rather than try to stick it out and make the marriage work, you and your spouse decide to move forward with the divorce. However, what does this mean for your divorce process? Do the same laws that apply to a long-term marriage apply to your situation? Let’s discuss divorce after a short-term marriage in New Jersey, including what it is and what to expect.
Key Takeaways
- A short-term marriage typically lasts 0-3 years, though some courts may consider up to 5 years as short-term.
- Valid prenuptial agreements can simplify the divorce process, particularly in terms of asset division and alimony.
- Alimony is less common and shorter in duration for short-term marriages, often limited to temporary support based on financial need and marriage length.
- In property divison, New Jersey’s equitable distribution applies, with a focus on distinguishing marital from separate assets. Short-term marriages usually involve fewer assets to divide.
- Custody decisions prioritize the child’s best interests, and support is based on both parents’ income, regardless of the marriage length.
What is Considered Short-Term Marriage?
In New Jersey, a short-term marriage is one that has lasted between 0-3 years. That said, some courts may consider short-term to be anything less than 5 years, depending on the circumstances surrounding the marriage and its dissolution.
The length of the marriage is important, as it is one of the key factors your lawyer and the court will use when determining equitable distribution, custody, and support.
Prenuptial Agreements in Short-Term Marriages
If you entered into your marriage with a prenuptial agreement, then it will be said agreement that governs the majority of the divorce procedure. Prenuptial agreements are common in short-term marriages, especially when one or both spouses have significant assets or expect a short marriage. As long as the prenuptial agreement is deemed valid, it can simplify the divorce process and reduce the need for litigation.
Alimony in Short-Term Marriages in New Jersey
The most significant difference between divorce in a short-term and long-term marriage is alimony (spousal support). In the case of marriages that have lasted less than 20 years, spousal support is typically equivalent to the length of the marriage. Alimony is awarded to help the spouse that was financially dependent in the marriage to maintain a standard of living similar to what they had previously.
Unfortunately, in a short-term marriage, alimony is often much shorter in duration and in amount. Sometimes, no alimony is awarded.
Here are the factors that the court uses to determine how much spousal support someone needs and for how long:
- Length of the marriage: Short-term marriages typically result in temporary or limited-duration alimony, meant to help the dependent spouse transition back to self-sufficiency.
- Financial need and ability to pay: If one spouse earns significantly more than the other, the court may award short-term alimony to the lower-earning spouse to cover basic living expenses.
- Age and health of each spouse: Courts take into account the age and health of both parties, especially if one spouse is unable to work due to health concerns.
- Standard of living: In short-term marriages, the court may not focus heavily on maintaining the standard of living, particularly if the marriage was brief and both spouses can return to their prior financial positions.
Division of Marital Property in a Short-Term Marriage
New Jersey uses equitable distribution to determine how marital property and assets are divided between both parties. The division is fair, not equal. The court considers factors like the length of the marriage, contributions to the marriage, and each spouse’s financial situation.
In short-term marriages, the division of property can be more straightforward:
- Marital vs. separate property: The court will identify what property is considered marital (acquired during the marriage) and separate (brought into the marriage). In short-term marriages, there may be fewer marital assets to divide, as spouses may have kept finances separate.
- Inheritances and gifts: If one spouse received inheritances or gifts during the marriage, these assets are typically considered separate property and not subject to division.
- Premarital assets: Any property owned before the marriage is usually considered separate, but if the other spouse contributed to the value or upkeep of these assets during the marriage, a portion may be subject to division.
Child Custody and Support
Regardless of the duration of the marriage, child custody and support is handled in the same manner. This is due to New Jersey making decisions based on the best interest of the child. The court will look at the child’s relationship with each parent, the ability of each parent to provide a stable home, and the child’s preferences (depending on their age).
In terms of child support, the duration of the marriage does not matter. The court will calculate payments based on the income of both parents, the child’s needs, and the time each parent spends with the child.
Contact a New Jersey Divorce Lawyer Today for Help
Divorcing after a short-term marriage in New Jersey involves the same legal framework as divorcing after a long-term marriage, but with some key differences in areas like alimony and property division. While it may be less likely for significant financial support or complex property division to occur in short-term marriages, each case is unique, and having experienced legal counsel is crucial to ensure that your rights are protected.
Ziegler Law Group, LLC is here to help you through your divorce, regardless of its duration. One year or decades, you still have rights that need to be protected. If you are considering divorce after a short-term marriage, contact Ziegler Law Group, LLC today at 973-533-1100 or fill out our online contact form to schedule a consultation. Let us help you through this challenging time.
