Will I receive any alimony if my spouse is in prison and earning nothing?

While ongoing payments may be difficult during incarceration (prison wages are $0.26-$2.00/hour in NJ), you may receive a larger share of marital assets in equitable distribution to compensate. Courts can also order deferred alimony that begins upon release, or require the incarcerated spouse to use existing assets like retirement accounts to pay support.

How to Serve Divorce Papers When Spouse is in Jail & Alimony When Earner is Incarcerated | Secaucus & West New York NJ

How to Serve Divorce Papers When Your Spouse Is in Jail (And You Don’t Know Which One) — Plus: What Happens to Alimony When the Earner Is Behind Bars

Name: 345 Divorce
Address: Jersey City, NJ, US
Telephone: (201) 205-3201

A comprehensive guide for Secaucus and West New York, New Jersey residents navigating divorce when one spouse is incarcerated

Your spouse committed a crime. Now they’re somewhere in the New Jersey corrections system — but you don’t know where. You want a divorce, but how do you serve papers to someone when you don’t even know which facility they’re in?

And then there’s the money question: Your spouse was the primary earner. Now they’re facing a 5-year sentence. Does alimony just disappear? Are you left with nothing? How do you support yourself when the person who was supposed to pay support can’t earn anything behind bars?

These are difficult situations, but they’re not impossible to navigate. This guide walks you through every step — from locating your incarcerated spouse to serving divorce papers to understanding exactly what happens to alimony when the earner is in prison.

⚠️ The Reality Check

Over 19,000 people are incarcerated in New Jersey state prisons, with another 15,000+ in county jails. Behind each of those numbers are families trying to figure out their next steps. If you’re reading this because your spouse is one of them — you’re not alone, and there IS a path forward.

Part 1: Finding Your Incarcerated Spouse — The Detective Work

Before you can serve divorce papers, you need to know where your spouse is actually being held. In New Jersey, inmates can be in state prisons, county jails, federal facilities, or even out-of-state institutions. Here’s how to find them:

Step-by-Step: How to Locate an Inmate

Start with the State Database — Visit the NJ DOC Inmate Finder and enter your spouse’s full legal name. If you know their SBI (State Bureau of Investigation) number, use that for more accurate results.
Check the County Jail — If your spouse was recently arrested or is serving a short sentence (under 1 year), they may be in county jail rather than state prison. For Secaucus and West New York residents, this means Hudson County Correctional Facility.
Call the Criminal Court — If you know where your spouse was convicted, call that county’s criminal court. Request a copy of the “mittimus” — this is the warrant document that shows exactly where the sheriff delivered your spouse.
Check Federal Facilities — If your spouse committed a federal crime, they won’t appear in state databases. Use the BOP inmate locator instead.
Try VINELink — The NJ Victim Information and Notification system (VINELink) can help you track an offender’s custody status and receive notifications about transfers.

Search Tool	Best For	Contact/URL
NJ DOC Inmate Finder	State prison inmates (sentences 1+ year)	www-doc.state.nj.us
Hudson County Jail	County inmates, pretrial detainees	(201) 395-5600
BOP Inmate Locator	Federal prison inmates	www.bop.gov/inmateloc
Criminal Court Records	Mittimus (commitment document)	County where convicted
VINELink NJ	Custody status notifications	www.vinelink.com

Part 2: Serving Divorce Papers to an Incarcerated Spouse

Once you locate your spouse, you need to properly serve them with the divorce complaint. New Jersey has specific procedures for serving inmates, and getting this right is crucial — improper service can delay your divorce by months.

How Service Works at Correctional Facilities

Unlike serving someone at their home or workplace, you can’t simply have a process server walk up to your spouse in prison. Instead, service must be coordinated with the facility:

Method 1: Certified Mail with Return Receipt

Send the divorce complaint, summons, and court information sheet via certified mail with return receipt requested to the inmate at the correctional facility. Address it directly to your spouse using their inmate number. The return receipt serves as your proof of service.

Method 2: Sheriff’s Office Service

You can hire the county sheriff’s office to personally serve your spouse at the facility. Contact the sheriff in the county where the facility is located. For Hudson County Correctional Facility, contact the Hudson County Sheriff’s Office at (201) 915-1300.

Method 3: Professional Process Server

A licensed process server can coordinate with the facility’s legal mail department to ensure proper delivery and obtain proof of service. This option typically costs $50-$150 but provides reliable documentation.

What Documents You Need to Serve

Complaint for Divorce — The primary document stating grounds and requests
Summons — Notifies your spouse they must respond within 35 days
Court Information Sheet — Required in all NJ family court filings
Mittimus (optional but recommended) — Attach a copy of your spouse’s commitment document if you have it

What If You Absolutely Cannot Find Your Spouse?

Sometimes, despite your best efforts, you cannot determine which facility holds your spouse. Perhaps they were transferred, released to another state, or the records are simply not accessible. New Jersey law provides a solution: service by publication.

Service by Publication — The Last Resort

Under NJ Court Rule 4:4-5, if you cannot locate your spouse after conducting a “diligent inquiry,” you can ask the court to allow service by publishing a notice in a newspaper. This requires:

Filing an Affidavit of Diligent Search documenting all your search efforts
Showing the court what steps you took to find your spouse
Publishing notice in a newspaper near your spouse’s last known address for 3 consecutive weeks
Waiting the required period for response (typically 35 days after last publication)

What Counts as “Diligent Search”?

Before a court will approve service by publication, you must demonstrate you made genuine efforts to locate your spouse. Document all of the following:

Search Action	Documentation
NJ DOC Inmate Finder search	Screenshot of search results
Federal BOP search	Screenshot of search results
County jail inquiries	Written record of calls made, dates, and responses
Criminal court records request	Copy of request and any response
Contact with family members	Notes on conversations, names, dates
DMV records check	Any address information obtained
Social media search	Screenshots of profiles, messages sent
Voter registration check	Results from county clerk inquiry

Part 3: Incarceration as Grounds for Divorce

New Jersey is a “hybrid” divorce state — meaning you can file for either no-fault divorce (irreconcilable differences) or fault-based divorce. Incarceration is one of the fault-based grounds available to you.

📋 Fault-Based Divorce: Imprisonment

Under New Jersey law, you can file for divorce based on imprisonment if your spouse has been incarcerated for 18 or more consecutive months. You can file while they’re still imprisoned or even after release — as long as you did not resume living together after the sentence.

This ground can be strategic because it may influence other aspects of your divorce, including alimony and equitable distribution decisions.

No-Fault vs. Fault: Which Should You Choose?

Factor	No-Fault (Irreconcilable Differences)	Fault (Imprisonment 18+ Months)
Waiting Period	6 months of irreconcilable differences	None beyond 18-month incarceration
Proof Required	Just that differences exist	Conviction and commitment documents
Impact on Alimony	Neutral	May favor non-incarcerated spouse
Impact on Property Division	Neutral	May be considered by court
Strategic Value	Simpler process	Establishes fault, may help in custody/support

Part 4: Alimony When the Earner Is Incarcerated — The Hard Questions

Here’s the situation that terrifies many spouses: Your husband was the sole earner, making $150,000 a year. He supported the family. Now he’s facing a 5-year prison sentence for fraud, assault, or another crime. What happens to your financial support?

💰 The Core Principle

Incarceration does NOT automatically terminate the obligation to pay alimony. However, it creates a significant “change in circumstances” that typically justifies modification. The key question is: Was the incarceration voluntary conduct?

What “Changed Circumstances” Means

Under NJ alimony law (N.J.S.A. 2A:34-23), an existing alimony order can be modified when circumstances have substantially changed since the original order. Incarceration clearly qualifies — someone earning $150,000 suddenly earning $0 is about as substantial as changes get.

However, courts distinguish between:

Involuntary unemployment — Losing a job through layoffs, company closure, disability
Voluntary conduct leading to unemployment — Committing a crime that results in incarceration

This matters because New Jersey courts may treat incarceration as “voluntary underemployment” — meaning your spouse CHOSE to commit the crime that led to their inability to pay. Some courts have been reluctant to reward criminal behavior by eliminating support obligations.

What Typically Happens: Four Scenarios

Scenario 1: Pre-Divorce Incarceration

Your spouse is incarcerated before you file for divorce. When the divorce is finalized, the court will consider current financial reality (no income) when setting alimony. You likely won’t receive traditional ongoing payments, but may receive:

Larger share of marital assets in equitable distribution
Deferred alimony payable upon release
Life insurance policy to protect future support

Scenario 2: Post-Judgment Incarceration

Divorce is already finalized with alimony in place. Then your ex-spouse is incarcerated. They must file a motion to modify support. Courts may:

Suspend alimony during incarceration
Reduce but not eliminate the obligation
Allow arrears to accumulate (payable upon release)
Order use of assets to pay during incarceration

Scenario 3: Short Sentence (Under 2 Years)

For shorter sentences, courts may decline to modify alimony at all, reasoning that the incarceration is temporary. Arrears accumulate and become due upon release.

Scenario 4: Long Sentence (5+ Years)

For longer sentences like 5 years, courts typically will modify or suspend payments during incarceration. However, they may order:

Use of retirement accounts to pay support
Deferred lump sum upon release
Larger equitable distribution now
Life insurance to protect you if spouse dies

The Prison Wage Reality

Even if your spouse is ordered to pay something from prison, the amounts are essentially symbolic:

$0.26-$2.00

NJ Prison Hourly Wages (before deductions)

~$40-$150

Monthly Prison Earnings (typical)

Realistic Support from Prison Income

Your Realistic Options When the Earner Is Incarcerated

Strategy 1: Maximize Equitable Distribution

If ongoing alimony payments aren’t realistic, fight for a larger share of marital assets NOW. This includes:

Full ownership of the marital home
Larger share of retirement accounts (QDRO)
All liquid assets (savings, investments)
Vehicles and personal property

Courts may award you a disproportionate share specifically because you won’t be receiving ongoing support.

Strategy 2: Deferred Alimony

Negotiate for alimony that begins upon your spouse’s release. The divorce judgment can specify that support payments commence when your ex-spouse returns to employment, with a defined amount based on their pre-incarceration earning capacity.

Strategy 3: Lump Sum Award

If assets exist, negotiate for a lump sum alimony payment now rather than monthly payments. While courts can’t order lump sum alimony, the parties can agree to it. This gives you immediate financial security.

Strategy 4: Life Insurance Requirement

Require your spouse to maintain life insurance with you as beneficiary to protect deferred alimony obligations. If something happens to them in prison, you still receive support.

Strategy 5: Use of Retirement Assets

Courts can order incarcerated spouses to use retirement accounts to pay support. A QDRO (Qualified Domestic Relations Order) can transfer retirement funds to satisfy support obligations.

What the Incarcerated Spouse Must Do

Your spouse cannot simply stop paying alimony because they’re in prison. They must:

File a formal motion to modify alimony with the family court
Demonstrate the change in circumstances (incarceration)
Wait at least 90 days of changed circumstances before filing (per NJ law)
Continue paying until the court issues a modification order

Important: Arrears Don’t Disappear

If your spouse simply stops paying without getting a modification order, arrears accumulate. When they’re released, they’ll owe all the unpaid support — plus interest. Enforcement mechanisms like wage garnishment, license suspension, and even re-incarceration for contempt become available.

Part 5: Secaucus & West New York — Local Considerations

Both Secaucus and West New York are in Hudson County, meaning your divorce will be handled by Hudson County Superior Court, Family Division. Understanding your community’s specific characteristics helps contextualize your situation.

📍 Secaucus, NJ

Population: 22,710 (2024)

Median Household Income: $134,746

Median Home Value: $583,354

Median Age: 38.6 years

Owner-Occupied Housing: 49.3%

Renter-Occupied: 50.7%

Average Commute: 32.1 minutes

📍 West New York, NJ

Population: 52,975 (2024)

Median Household Income: $67,139

Median Home Value: $410,200

Median Age: 37.3 years

Owner-Occupied Housing: 21.8%

Renter-Occupied: 78.2%

Average Commute: 35.5 minutes

🏛️ Why These Demographics Matter for Your Divorce

Secaucus: With a median household income of $134,746 — nearly double the state average — Secaucus divorces often involve significant assets and higher earning capacity. When the earner is incarcerated, the financial stakes are substantial. Property division becomes crucial since you can’t rely on ongoing support from prison wages.

West New York: With 78% renters and a median income of $67,139, West New York divorces often involve different challenges. There may be less property to divide, but there’s also less cushion to absorb the loss of the primary earner’s income. Finding public assistance resources becomes more important.

Hudson County Court Information

Hudson County Superior Court — Family Division

Address: 595 Newark Avenue, Jersey City, NJ 07306

Phone: (201) 748-4400

Hours: Monday-Friday, 8:30 AM – 4:30 PM

Self-Help Center: Available for unrepresented litigants

Hudson County Correctional Facility

Address: 30-35 South Hackensack Avenue, Kearny, NJ 07032

Phone: (201) 395-5600

Capacity: ~2,000 inmates

For serving divorce papers or confirming if your spouse is held here

Local Resources for Financial Assistance

When the family earner is incarcerated, you may need temporary assistance while you rebuild. Hudson County offers several resources:

Resource	What It Provides	Contact
Hudson County Division of Welfare	TANF, SNAP, emergency assistance	(201) 420-3000
Legal Services of NJ	Free legal help (income-qualified)	1-888-LSNJ-LAW
Hudson County One-Stop Career Center	Job training, employment assistance	(201) 217-4690
WIC (Women, Infants, Children)	Nutritional assistance	(800) 328-3838
NJ 211	General resource referrals	Dial 211

Part 6: The Complete Timeline — From Start to Finish

Week 1: Location & Documentation

Search all inmate databases (NJ DOC, county jails, federal BOP). Document every search with screenshots and written records. Request mittimus from criminal court if available.

Week 2: File the Complaint

Prepare and file Complaint for Divorce with Hudson County Superior Court. Include summons and court information sheet. Pay filing fee (or request waiver).

Week 3: Service of Process

Serve your spouse at the correctional facility via certified mail, sheriff, or process server. Obtain proof of service.

Weeks 4-8: Response Period

Your spouse has 35 days to respond. If they respond, you’ll negotiate terms. If no response, you can proceed toward default judgment.

Weeks 8-16: Discovery & Negotiation

Exchange financial information. Determine what assets exist. Negotiate property division and any deferred alimony arrangements.

Weeks 16-24: Finalization

If agreement reached: submit to court for approval. If contested: attend hearings (your spouse can participate via video or written statement). Court enters Final Judgment of Divorce.

Frequently Asked Questions

How do I serve divorce papers if I don’t know which jail my spouse is in?

Start by searching the NJ Department of Corrections Inmate Finder at www-doc.state.nj.us using your spouse’s name. For county jails, check Hudson County Correctional Facility at (201) 395-5600. Check the Federal BOP for federal crimes. Request the mittimus from the criminal court where they were convicted. If you cannot locate your spouse after documenting diligent search efforts, you can petition the court for service by publication under NJ Court Rule 4:4-5.

What happens to alimony if my spouse who was the earner goes to prison for 5 years?

Incarceration does not automatically terminate the obligation to pay alimony, but it does create a significant “change in circumstances” that may justify modification. Your spouse can petition to reduce or suspend alimony while incarcerated. However, you may be able to receive support from marital assets, deferred payments payable upon release, or collect arrears after they’re out. Courts consider whether incarceration was voluntary conduct (committing a crime) vs. involuntary unemployment when deciding modification requests.

Can I use incarceration as grounds for divorce in New Jersey?

Yes. New Jersey allows fault-based divorce on grounds of imprisonment for 18 or more consecutive months. You can file while your spouse is still incarcerated or after release, as long as you did not resume cohabitation after the sentence. This can be strategically advantageous as it may influence alimony and property distribution decisions.

How do I serve papers at Hudson County Correctional Facility?

Contact the facility at (201) 395-5600 or send documents to Hudson County Correctional Facility, 30-35 South Hackensack Avenue, Kearny, NJ 07032. Address the envelope to your spouse using their inmate name and number. The legal mail department will deliver to your spouse and you can use the certified mail return receipt as proof of service. Alternatively, hire the Hudson County Sheriff’s Office or a professional process server.

Will I receive any alimony if my spouse is in prison earning nothing?

While ongoing payments during incarceration are difficult (prison wages are $0.26-$2.00/hour in NJ), you have options. You may receive a larger share of marital assets in equitable distribution to compensate for lack of ongoing support. Courts can order deferred alimony that begins upon release. Your spouse can be required to use existing assets like retirement accounts to pay support. You can also negotiate for a lump sum payment from available assets rather than monthly payments.

What if my spouse won’t respond to the divorce papers from prison?

After 35 days with no response, you can request a default judgment. File proof of service showing your spouse received the papers, then request the court enter judgment in your favor. Your spouse loses the right to contest the divorce terms if they fail to respond. The court will typically grant reasonable requests regarding property division and other matters.

Can my incarcerated spouse participate in court hearings?

Yes, but participation is limited. Options include: video conference from the facility (if available and approved), participation through an attorney who appears on their behalf, or written statements submitted to the court. The court can also require transport for critical hearings, though this is rare and requires permission from both the court and correctional facility.

Do unpaid alimony arrears accumulate during incarceration?

Yes, unless a modification order is in place. If your spouse simply stops paying without getting a court order modifying alimony, arrears accumulate with interest. Upon release, enforcement mechanisms become available: wage garnishment, license suspension, tax refund interception, and even contempt proceedings that could result in re-incarceration. This is why it’s important for the incarcerated spouse to file for modification rather than just stop paying.

What if I can’t afford a lawyer for my divorce?

Options include: Legal Services of New Jersey (1-888-LSNJ-LAW) provides free representation to income-qualified individuals. Hudson County Superior Court has a Self-Help Center for unrepresented litigants. You can also request the court order your spouse to pay your attorney fees if there’s a significant income disparity. For simpler divorces, mediation services like 345 Divorce offer affordable document preparation.

How long does divorce take when one spouse is incarcerated?

Typically 3-6 months for uncontested divorces, longer if contested. The incarcerated spouse’s limited ability to participate can actually speed up the process if they don’t respond (default judgment). However, logistical challenges in serving papers, coordinating appearances, and negotiating from prison can add delays. Service by publication (if needed) adds approximately 6-8 weeks to the timeline.

Need Help Navigating Divorce When Your Spouse Is Incarcerated?

At 345 Divorce, we help Hudson County residents — including Secaucus and West New York — navigate the complexities of divorce when one spouse is behind bars. From locating inmates to understanding your alimony options, we provide affordable guidance through every step.

(201) 205-3201

www.345divorce.com

Key Takeaways

You CAN divorce an incarcerated spouse — Imprisonment of 18+ months is grounds for fault-based divorce in New Jersey
Finding your spouse is step one — Use NJ DOC Inmate Finder, county jail contacts, federal BOP, and criminal court records
Service must go through the facility — Certified mail, sheriff, or process server coordinating with legal mail department
If you can’t find them, service by publication — After documenting diligent search efforts, court can allow newspaper publication
Incarceration doesn’t automatically end alimony — But it creates grounds for modification due to changed circumstances
Focus on equitable distribution — When ongoing payments aren’t realistic, maximize your share of assets NOW
Consider deferred alimony — Support can begin upon release based on pre-incarceration earning capacity
Protect yourself with life insurance — Require coverage to secure deferred alimony obligations
Use available resources — Hudson County has assistance programs for families facing financial hardship

This guide is for informational purposes only and does not constitute legal advice. Every divorce situation is unique, especially when incarceration is involved. For guidance specific to your circumstances, consult with a qualified family law professional or contact 345 Divorce for affordable document preparation services.

Serving Divorce Papers to a Spouse in a New Jersey Prison