How Can Domestic Violence Affect Alimony?
Domestic violence can certainly be brought up when you and your spouse are arguing over alimony. If your spouse abused you and then asks for alimony, you can try to make a case that they do not deserve spousal support because of their history. Our Morris County, NJ alimony and spousal support lawyers may be able to help you with that.
Can I Get a Restraining Order Against a Partner Who Commits Domestic Violence?
Yes, and it is recommended that you do that while you are going through a divorce process. Being granted an order of protection can make your arguments about your spouse’s history more convincing. Your spouse could also shoot themselves in the foot if they defy the order and get arrested while the court is trying to determine parts of your divorce agreement like alimony.
What Can the Courts Do If an Abusive Partner Asks for Alimony?
When an abusive partner asks for alimony, the court can evaluate their request just like it would evaluate any other person’s request. In many ways, an abusive spouse could end up looking like they should receive alimony. However, if you can show that they were abusive, that can reduce their chances of being approved.
The court is allowed to consider a history of domestic violence when deciding whether a spouse gets alimony. There is no hard and fast rule forbidding it, but the judge has wide latitude here. They can look at a person’s past history of violence and decide that they do not deserve to burden their former spouse with requests for support.
This is why it really helps to have evidence that can show a history of abuse or domestic violence. If you have taken out a restraining order or order of protection and your partner has violated that, make sure that you have evidence of that. If there are medical bills from injuries that you suffered at the hands of your abusive partner, bring those too. Our lawyers can help you find everything that you need to make an argument that this person does not deserve alimony from you.
What Else Can the Court Consider in Alimony Calculations?
There are many considerations that the court can make before they decide who gets alimony and what kind of spousal support arrangement is made. The court could look at:
- The finances and income of both spouses
- The standard of living that was maintained in marriage
- The earning capacity and employability of each spouse
- The skills and education of each spouse
- Parental responsibilities of each spouse
So there is a lot to consider here. If your spouse is abusive and you can show that with evidence, that may make a difference if other factors would have otherwise inclined the judge to award them spousal support.
Schedule Your Consultation With Our Attorneys
If you are divorcing an abusive spouse, do not go it alone. Contact Townsend, Tomaio & Newmark, L.L.C. and schedule a consultation with our team. A compassionate, knowledgeable attorney from our firm can help you fight for the most favorable outcome in your divorce case.