Divorce can present emotional and legal issues, no matter the length of the marriage. These issues can become even more difficult when the marriage is a long-term one. Specifically, financial matters of the divorce can become complex and difficult to resolve. Since divorce laws in New Jersey often rely on principles of equity and fairness, a long-term marriage can lead to a more equal divorce settlement, although spouses will still need to compromise to reach an agreement.
There is only one specific law that governs a long-term marriage, and it is in the area of “spousal support.” Otherwise, the length of the marriage is one factor out of many that a judge may consider if a divorce case is contested. The longer a couple has been married, the more both may have a strong claim to marital assets.
Economic Dependence Can Guide a Court’s Action
In general, a court takes the “economic dependence” of one spouse on the other very seriously. For example, if one spouse stayed home to raise the children, or they worked less than they otherwise could have to care for the kids, they should not be penalized in a divorce. The fact that the other spouse may have earned more money means that it benefited the overall marriage, as opposed to themselves. If there is a litigated divorce case, and a judge finds that one spouse was dependent on the other, they may take steps to equalize both spouses’ financial situations for the future.
The Duration of the Marriage Is a Factor in Equitable Distribution
New Jersey uses the laws of “equitable distribution” to determine how the marital property is divided among the spouses. Equitable distribution looks at a number of factors in arriving at the fairest solution, considering the circumstances. Equitable distribution does not necessarily mean an even split, but it means a fair one. A factor that a judge often considers in litigated marital property cases is the length of the marriage.
The longer two spouses are married, the more likely it is that both may have a more equal share in property. Any type of marriage is a partnership, but it becomes a more enduring one the longer the two spouses have been together. It may be less fair to give one far more property than the other when they were in a partnership for many years.
When there is a longer-term marriage, the two spouses are more reliant on each other financially and on the marriage in general. For example, both may have accumulated significant retirement assets and potentially pensions. The couple would have had their own retirement plan in place that relied on the joint marital assets. Since the situation is now changing, a court would consider each individual spouse’s financial situation going forward because they can no longer rely on each other.
Spousal Support May Become More Likely
When one spouse is in a better position to earn money than the other, and they have more marketable job skills, they may have to pay support to the other. Under New Jersey law, ‘spousal support’ depends on a number of factors. Further, if support is ordered, it may be either of “open duration” or for a “limited amount of time.” In New Jersey, when a couple is married for 20 or more years, spousal support automatically becomes “open-ended.” In other words, there is no time limitation placed on support, and one must pay the other indefinitely.
Contact Our Marlton Divorce Lawyers at Burnham Douglass if You Have Questions About the Divorce Process
Whether your marriage was short-term or long-term, get legal help from our Marlton divorce lawyers at Burnham Douglass. Do not let yourself get taken by surprise when you learn how your divorce may be affected by the duration of the marriage. We can help you plan a strategy for divorce negotiations and the legal process. For a free consultation, contact us online or call today at 856-751-5505. With office locations in Marlton and Northfield, New Jersey, we proudly serve clients in the surrounding areas.