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Can I get alimony if married less then two years?

New Brunswick, NJ |
Filed under: Alimony

My husband found out that I stayed in touch with an ex boyfriend for the entire length of our marriage even though I promised on several occasions to stop. There was never a physical affair. We have been married for 21 months and I have been unemployed most of the time.

Am I entitled to alimony in NJ under these circumstances? I have no current income and he is the sole financial provider. Does the duration of the marriage or the circumstances of the divorce effect the alimony?

Thank you

Attorney Answers 4


  1. It is extremely unlikely that you will be entitled to permanent alimony under these circumstances. The length of the marriage is an important factor. But, you may be entitled to spousal support, during a separation or during the pendency of a divorce, for a period of time depending on what your husband's salary is and what your ability to find employment is. Your question does not make clear whether either of you has filed for divorce or whether you are presently separated.


  2. During the pendency of your divorce, the courts customarily maintain the status quo, by assuring bills are paid by each party as they were before the separation. This is especially true if there is a home. Other than this, a marriage of two years duration may qualify for "rehabilitation alimony" if you can prove some type of reliance, such as your having quit your job. The alimony would be for a short time, enough to get yourself a job or finish some type of education you may have started.


  3. It is unlikely that two years is long enough for alimony.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed


  4. The length of the marriage is a key factor in an alimoy analysis. Without having more facts, it is difficult to assess the situation fully. However, absent something unusual having happened it is difficult to get alimony with a 2 year marriage and if you get it, it will be for less than 2 years.

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