Q: if a marrried couple getting a divorce and dont have assets property etc will there be spousal and alimony

A: It depends. The fact that there may not be assets to divide, does not mean that there is no potential entitlement to support. The starting point of that inquiry is whether there is a difference between the party's income settings, who occupied what role in the marriage and how long the parties were married. My suggestion is that you meet with a divorce lawyer for a consultation to discuss your current setting.

A: Having no assets alone does not negate the possibility of an alimony support obligation.

Alimony is intended to enable the supported spouse to share in the economic rewards of the marriage, occasioned by the paying spouse's income level. Considerations in whether an alimony support obligation is appropriate are fact sensitive. Length of the marriage, disparity of incomes whether actual income or imputed income, the respective contributions to the marital estate, age and health of the parties and the ability of one party to pay the other are just a few of such considerations.

Alimony Support is governed by N.J.S.A. § 2A:34-23. The Statute provides in pertinent part…“Pending any matrimonial action or action for dissolution of a civil union brought in this State or elsewhere, or after judgment of divorce or dissolution or maintenance, whether obtained in this State or elsewhere, the court may make such order as to the alimony or maintenance of the parties, and also as to the care, custody, education and maintenance of the children, or any of them, as the circumstances of the parties and the nature of the case shall render fit, reasonable and just…"

To be sure, you should consult with an experienced family law attorney to understand your rights and obligations when going through a divorce.

A: The answer depends on several factors. The factors are detailed in the statute. The factors include, but are not limited to, each of the parties' incomes, the parties' lifestyle during the marriage, a party's need, a party's ability to pay, childcare responsibilities, and more. The statute also addresses how long alimony could be ordered to be paid, which depends on the circumstances. If completed correctly, the Case Information Statements that the Court requires to be completed can be helpful in an initial analysis of the alimony. It may be worth consulting with an attorney on this nuanced issue.