How does a spouse’s earning capacity affect alimony?
When a court determines alimony the actual income of the supporting spouse is not always the only factor used to determine the alimony award. In many cases, the court will also assess if the deadbeat spouse is underemployed. In my experience, once the divorce starts the husband often loses that second job, they get laid off, and they defer bonuses and promotions. Basically, the men try to paint their economic circumstances as bleak as possible. The courts most of the time can see through these games and BS. The court may impute income to the deadbeat spouse. The court will analyze the husband’s income based on the New Jersey Occupational Wage Survey. Basically this book gives an average of yearly incomes for specific fields and occupations.
