As the breadwinner of the family, you most likely spent a lot of time providing for your family and ensuring they had everything they need to be comfortable. Unfortunately, being the one who earns more money often means greater complications in a divorce. Understanding your obligations and rights is crucial to navigating this complex time. This article will cover key considerations for breadwinners during and after divorce in New Jersey, including child support, property division, custody, and alimony.
Key Takeaways
- New Jersey law may require breadwinners to fulfill significant financial obligations such as child support and possibly alimony to maintain the marital standard of living.
- Marital property in New Jersey is divided fairly, not necessarily equally, considering factors like marriage length, economic circumstances, and both financial and non-financial contributions.
- Custody decisions prioritize the child’s best interests, assessing stability and parental relationships, with the breadwinner’s financial capacity being a factor.
- Alimony awards depend on factors such as marriage duration, lifestyle, and financial needs, often requiring breadwinners to support their former spouse post-divorce.
Does the Breadwinner Have to Pay More During and After Divorce?
Does the Breadwinner Have to Pay More During and After Divorce?
As the primary earner, you may have additional financial responsibilities during and after divorce. New Jersey law aims to ensure that both parties maintain a standard of living similar to what they experienced during the marriage. This often means the breadwinner may be required to pay more in terms of child support and potentially alimony to the lower-earning spouse to help them achieve financial independence.
What to Expect When Dividing Up Property and Assets
New Jersey follows the principle of equitable distribution, which means that marital property is divided fairly, though not necessarily equally. In other words, the split of property and assets is not split right down the middle. There are several factors considered during the divorce process to figure out who gets to have what, including:
Length of Marriage
The duration of the marriage plays a significant role in determining how assets are divided. Generally, longer marriages may lead to more balanced divisions, whereas shorter marriages might result in a more straightforward distribution.
Econonmic Circumstances
The financial situation of each spouse is crucial. This includes their income, earning potential, and financial needs post-divorce. As the breadwinner, your higher income and greater financial resources may influence the division of assets.
Marriage Contributions
Contributions to the marriage encompass more than just financial support. Non-financial contributions such as homemaking, childcare, and support for the other spouse’s career or education are also considered. These contributions are valued alongside monetary contributions when assessing each spouse’s overall contribution to the marital partnership.
Non-Financial Contributions
Non-financial contributions can be significant in equitable distribution. These contributions may include sacrifices made for the family, such as career compromises to support the other spouse’s professional growth or to prioritize childcare responsibilities.
Does the Breadwinner Get Custody of the Children?
Custody decisions in New Jersey are made based on the best interests of the child, not on the income of the parents. The court considers various factors, including each parent’s ability to provide a stable environment, the child’s relationship with each parent, and the parents’ willingness to cooperate in raising the child. While being the breadwinner does not inherently grant you custody, it can influence the court’s assessment of your ability to provide for the child’s financial needs. However, emotional and developmental needs are equally crucial in determining custody arrangements.
Will the Breadwinner Need to Pay Alimony?
Alimony, or spousal support, is often a key concern for breadwinners. New Jersey courts consider several factors when determining alimony, including the length of the marriage, the standard of living during the marriage, and the financial needs and earning capacities of both spouses. As the breadwinner, you may be required to pay alimony to help your spouse maintain a lifestyle similar to the one they had during the marriage. The duration and amount of alimony will vary depending on the specifics of your case.
Should You Hire a Divorce Attorney in New Jersey if You are a Breadwinner?
Divorce is complex, but it becomes more fraught with challenges when there is a lot of wealth involved. Hiring an experienced divorce attorney in New Jersey is crucial to protecting your interests and ensuring the outcome of the divorce is fair. Ziegler Law Group, LLC excels in handling complex financial portfolios typical of high-profile divorces, adeptly managing assets like investments, businesses, real estate, and retirement accounts to ensure equitable distribution aligned with your financial goals.
Our legal team also prioritizes confidentiality and reputation protection, crucial in high-profile cases, while offering strategic guidance tailored to the unique dynamics of gray divorce, including retirement considerations and long-term financial planning. Furthermore, our attorneys are known for their negotiation tactics and the ability to secure favorable terms for our clients. In cases where negotiation falls short, Ziegler Law Group, LLC provides robust courtroom representation, vigorously defending your rights and interests before the court.
Contact a New Jersey Divorce Attorney Today to Learn More
If you are a breadwinner facing divorce in New Jersey, it is essential to seek legal guidance to navigate this challenging process effectively. The Ziegler Law Group, LLC is here to assist you. Our experienced family law attorneys can provide you with the support and representation you need to ensure your rights are protected and that you achieve a fair resolution. Contact us today at 973-533-1100 or fill out our online form to schedule a consultation and discuss your case in detail. Let us help you navigate your divorce with confidence and clarity.
