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In Nj, if one has been married less than 10 years, would he have to pay alimony?

Ocean City, NJ |

We have been married 8 years, marriage is not working. We share custody of our children. All child care expenses are being paid by me. Spouse does have a job.

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Attorney answers 5


Alimony depends on on an analysis of the statutory factors to determine if any of the 3 types of alimony are warranted. Length of the marriage by itself is not determinative.

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Alimony is a function of how much each spouse earns, the length of the marriage, the earning potential for each spouse, and their lifestyle (among other factors). There is no way of answering that questions without more information. If you are contemplating divorce, consult with an attorney in your area because they will be able to assess your situation better. Good luck to you and your family.

The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes. This content does not create an attorney-client relationship.


He may, depending on a variety of factors including lifestyle and incomes.

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The answer is MAYBE. The concept behind alimony is to permit one spouse earning less than the other spouse to live a lifestyle as close to the one enjoyed during the marriage as possible. There are many cases where parties married less than ten years are granted alimony. There are also many cases where they aren't. If there is no measurable difference between the parties incomes and both spouses are in good health, alimony is usually not awarded.

This response is for informational purposes only and not intended to be legal advice or in any way create a lawyer-client relationship. You should always speak directly with an attorney with any legal questions you may have.


Alimony was created to assist a spouse who lost the opportunity to advance his or her career during the marriage.  The purpose of alimony is to assist that spouse in maintaining a comparable life style that he or she shared while he or she was married.  Some of the factors that a court will consider in determining whether or not to award alimony include, but are not limited to, their respective ability to pay, the duration of the marriage, the age and health of the parties, the standard of living during the marriage, their earning capabilities and employability and equitable distribution of the marital property.

You should consider meeting with an attorney well-versed in these areas.

Additionally, below are links to articles and information that may assist you with your issue.

Good luck.
Brad M. Micklin, Esq.
The Micklin Law Group
187 Washington Ave., Suite 2F
Nutley, NJ 07110

Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.

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