Due to geographical proximity and the frequency at which New Yorkers and New Jerseyans relocate between the two states, many of our clients often wonder which state has jurisdiction over their divorce matter. Even though New York and New Jersey share a border and are culturally similar, divorce law in each state is completely varied. Here is a what you need to know from a Divorce attorney NYC & NJ.
Which state determines my spousal support?
Spousal support is determined as part of a divorce or family court case. Whichever state has jurisdiction over the marriage in question will generally have jurisdiction over the spousal support obligation. If a divorce has already been finalized in your case, you should file your request for spousal support with that state’s court system. If you have not yet been divorced, jurisdiction will likely be determined on the state in which either spouse lives.
Divorce attorney NYC & NJ states that New York has a 1 to 2 year residency requirement to establish residency whereas New Jersey generally has a 1 year residency requirement. New York will establish residency if you have lived in New York for at least two years or if you have lived in New York for at least one year, the marriage took place in New York, you and your spouse lived in New York during the marriage, and the cause for divorce occurred in New York.
What kinds of spousal support are available in New Jersey?
New Jersey courts can award a wide variety of kinds of alimony, including open duration alimony, limited duration alimony, rehabilitative alimony, and reimbursement alimony. Open durational alimony is a permanent award that is often permanent and is only reserved for marriages that lasted over 20 years. Limited duration alimony is a fixed duration of alimony awarded to marriages that lasted less than 20 years. Rehabilitative alimony is intended to help a spouse become self-sufficient by awarding a temporary award of alimony so that the receiving spouse may attend education or job training. Lastly, reimbursement alimony is meant to compensate a spouse for sacrifices made to support the other’s education or career.
How do New Jersey courts calculate spousal support?
According to Divorce attorney NYC & NJ, there is no definitive calculation that New Jersey courts use to calculate an alimony duration, but courts rarely extend an alimony award to the same length as the marriage.
New Jersey courts consider a variety of factors in determining an alimony award, including:
- The financial status and the income of the spouse who is to pay alimony
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The needs of the spouse who is to receive alimony
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The length of the marriage
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The number of children the couple has and their ages
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Which parent will be the primary caretaker for the couple’s children
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The standard of living during the marriage
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The amount of time the spouse who has requested alimony spent away from the workforce
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The education and skills of both spouses
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The property and resources of each spouse
How do New York courts calculate spousal support?
New York courts use a mathematical formula based on each spouse’s income, factoring in any existing child support obligation. Divorce attorney NYC & NJ says that New York state uses the gross income of the parties and subtracts FICA as well as some local taxes.
How do New Jersey courts calculate the length of spousal support?
New Jersey court would only extend an alimony obligation duration to equal the length of a marriage in extreme circumstances, as determined by an analysis of the following factors:
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Whether a spouse has an unusual health condition or a chronic illness
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The ages of the parties
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Whether a spouse received a much larger share of the marital assets
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The duration and degree of the dependency of one spouse on the other spouse
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The impact of the marriage on a spouse’s ability to support themselves, including becoming the primary caregiver for the children
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Whether a spouse supported the career of the other spouse, including giving up their own career in favor of the spouse’s career
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The tax consequences of an alimony award
How do New York courts calculate the length of spousal support?
According to Divorce attorney NYC & NJ, New York courts only award spousal support through temporary maintenance and post-divorce maintenance, which can either be durational or non-durational. Like in New Jersey, the duration of spousal support in New York is linked with the duration of the marriage. Courts in New York set forth guideline suggestions — for marriages that lasted less than 15 years, New York courts may follow the guideline suggestion of 15-30% of the marriage’s length for a spousal support award and up to 50% for marriages that lasted over 20 years.
Contact an attorney
It is often unclear which state has jurisdiction over a divorce matter and individuals without the requisite legal knowledge often miscalculate how much spousal support a court would grant in their case. In both New York and New Jersey, spousal support calculations are often fact-specific and open to negotiation. As such, it is often a good idea to contact an attorney to preserve your rights as either a payor or payee of spousal support.
