Does Custody Affect Alimony?

Does Custody Affect Alimony?



The Influencing Factors


When making a decision on alimony, the court will consider many factors. These factors include such issues such as the spouses’ financial needs, financial statuses and earning capacities. Custody in and of itself does not directly affect alimony. Child support is typically paid to the custodial parent to help cover the myriad costs of raising a child. Alimony is financial support paid to the dependent spouse so that spouse can maintain a standard of living comparable to the one he or she enjoyed in the marriage. But, while having custodial rights will not necessarily affect alimony, each parent’s parenting responsibilities may.

The Costs of Parenting

The custodial parent is frequently, but not always, the dependent spouse. As a custodial parent, you have more parenting responsibilities as you are the primary caretaker of the child. Those parenting responsibilities may prove to be a barrier to gainful employment or to becoming self-supporting. These are both issues that can affect alimony. Thus, it is possible that the parenting responsibilities a custodial parent has could affect his or her need for alimony. For example, a parent may find it difficult to become self-supporting while also caring for a child with special needs. The responsibilities of raising a child with special needs can be significant enough to prevent a dependent spouse from finding gainful employment. In cases such as these, alimony may be affected.

The judge will consider all relevant factors when making a decision on alimony, including the dependent spouse’s financial needs. In New Jersey, there are different types of alimony used for different purposes. Alimony can be durational (either open durational or limited duration), rehabilitative or reimbursement. That being said, parenting responsibilities do not necessarily affect all types of alimony. Accordingly, you should speak with an experienced New Jersey child custody and matrimonial attorney if you have any questions about alimony. A skilled attorney can explain how alimony works in New Jersey and explain the factors that the judge will consider in determining alimony, so you can determine what type of alimony is right for you and seek an alimony order that meets your needs.


Do you have questions about alimony? If so, Williams Law Group, LLC can help. Our skilled attorneys can help you obtain an alimony order that reflects your parenting responsibilities and your financial needs. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.


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