There are few issues in a divorce that are less contested than alimony, also known as spousal support. Whether you are the party who may be paying alimony or you are thinking about requesting it. Do not try to obtain or defend against Alimony on your own.
Call Pagliara Law Group today at 2014704181 for a free consultation. We will answer any questions you have regarding divorce and alimony.
Types of Alimony
Getting divorced is a stressful experience. We want to make the process as painless as possible, particularly when it comes to your future financial situation. Alimony payments can affect your way of life and either help or hurt you financially in the future. New Jersey courts recognize five types of alimony:
- Temporary Alimony (Pendente Lite) – This type of alimony protects the lower wage earner in a divorce and typically helps cover living expenses during the pendency of a divorce.
- Limited Duration Alimony – This type of alimony lasts for a specific period of time until the lower wage earner is able to pay their own living expenses.
- Permanent Alimony – This type of alimony is awarded for a long-term, specified amount of time to one spouse and usually involves factual circumstances in which one spouse gave up a career or educational opportunities in order to support the primary breadwinner’s career.
- Rehabilitative Alimony – This type of alimony is awarded for a long-term, specified amount of time to one spouse and usually involves factual circumstances in which one spouse gave up a career or educational opportunities in order to support the primary breadwinner’s career.
- Reimbursement Alimony – This type of alimony allows sharing of potential income that a non-working spouse expected to benefit from once the higher-earning spouse solidified their education or career. This type of alimony requires specific calculations about future earning potential and present value of money.
Considerations for Alimony
New Jersey’s highest court has made it clear that the length of the marriage alone cannot be the only factor considered when making alimony determinations. In fact, a court can, and should, consider thirteen statutory factors when ordering alimony payments. These factors include:
- Actual need and ability of the parties to pay
- Duration of the marriage or civil union
- Age, physical, and emotional health of the parties
- Standard of living established in the marriage or civil union
- Earning capacities, educational levels, vocational skills, and employability of the parties
- Length of absence from the job market of the party seeking maintenance
- Parental responsibilities for the children
- Time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment,
- History of the financial or non-financial contributions to the marriage or civil union by each party
- Equitable distribution of property ordered and any payouts on equitable distribution
- Income available to either party through investment of any assets
- Tax treatment and consequences to both parties of any alimony award
- Nature, amount, and length of temporary alimony paid, if any
- Any other factors which the court may deem relevant
Your New Jersey Alimony Lawyer
Each divorce matter is unique to the factual circumstances and the parties involved. We understand that divorce is a scary and stressing experience, and we work hard to ease that stress while keeping you informed and protecting your interests throughout every stage of the divorce process.
201-470-4181
