Alpha, NJ Divorce Law Firms & Lawyers

Alimony is called "Spousal Maintenance" under Washington law. The governing statue is RCW 26.09.090 which directs the court to consider the following factors in determining whether and to what extent maintenance shall be awarded. The length of the marriage is only one factor. 1.The financial resources of the party requesting maintenance after the divorce depending on other assets awarded, etc 2. The proposed vocational/educational plan of the party requesting maintenance 3.The standard of living established during the marriage 4. the duration of the marriage (the duration of the pre-marital relationship is not enumerated in the statute; but in my experience some judges will consider that as well) 5.The age, physical condition and emotional condition of the party requesting maintenance 6. The financial resources and ability to pay of the other spouse after the divorce depending on earning capacity, other assets awarded, etc.

In Utah, the answer is: maybe, maybe not. In Utah, all property acquired by purchase during the marriage by either spouse is presumed to be marital property. That means that even if you made a purchase intended for yourself and made that purchase after you filed for divorce, the court could still consider it to be marital property when dividing marital property between you and your spouse. To ensure that a big purchase that you intend to make after you have filed for divorce is treated as your separate property, you will need your spouse to agree to treat the purchase at your separate property and get a court order acknowledging that. If your spouse will not agree to you making the purchase and keeping it is your separate property, then you will need to file a motion with the court in advance of making the purchase and getting a court order recognizing the purchase to be your separate property. If you have already made the major purchase without court approval, that's riskier, but you should still file a motion with the court asking the court to acknowledge the property to be your separate property.

The Legislature has established both absolute divorce and divorce from bed and board in New Jersey. N.J.S.A. 2A:34-3 sets out the requirements for a judgment of divorce from bed and board. The New Jersey Supreme Court explained that the difference between the two types of divorce was that absolute divorce dissolves the marital bond and all dower rights are barred. In divorce from bed and board the marital bond subsists; i.e., divorce from bed and board is not a true divorce since it does not dissolve the bonds of matrimony but merely decrees a judicial separation. Significantly, in order to remarry after having obtained a judgment of divorce from bed and board, the parties must apply to the court for conversion of the bed and board divorce to an absolute divorce. The primary purpose for obtaining a divorce from bed and board is to terminate the marital obligations of cohabitation and support.