Edison Alimony Lawyers

One of the most contentious aspects of any divorce is alimony. Alimony is the financial support one spouse pays to the other after a divorce is finalized. No one wants to pay it and everyone wants to receive it. In a divorce, either party–regardless of gender–may have the obligation to pay. If you’re going through a divorce where alimony is a contested issue, you should strongly consider hiring a team of seasoned lawyers who can effectively represent your interests. Fortunately, if you’re reading this, you’ve come to the right place. Contact Arndt, Sutak & Miceli, LLC today.

Alimony Lawyers Serving Clients throughout New Jersey

When starting the divorce process, clients often want to discuss alimony immediately and have every right to be concerned about their financial future. Our Middlesex County divorce lawyers understand this and are prepared to discuss your options and give you realistic expectations of what you may have to pay or receive once your divorce is final.

We are also prepared to take steps to secure pendente lite support on your behalf if you require immediate assistance from your spouse while your divorce litigation is pending.

What Are The Types of Alimony?

In New Jersey, there are four recognized types of alimony. The four types of alimony are open durational, limited duration, rehabilitative, and reimbursement. Open durational alimony is support paid by one spouse to the other after a marriage of more than twenty (20) years. Alimony is no longer considered permanent as of 2014, which means open durational alimony will have a termination event. This is often defined in a final settlement between the parties or can be defined by case law or the Court.

Rehabilitative alimony can be awarded to provide short-term support for educational and training purposes. This requires a detailed plan including the timeframe leading to eventual employment. Limited duration alimony may be given in shorter marriages where one spouse needs temporary financial support to establish his/her post-divorce life. And finally, reimbursement alimony can be provided to a spouse who supported the other through extensive education and training for a lucrative career.

Calculating Alimony in New Jersey

When determining alimony, the goal of the court is to ensure that each spouse maintains a standard of living similar to what they enjoyed while married. There is not one single formula that New Jersey courts use to decide and award alimony. Instead, there is a statute setting out factors that may be considered in the determination.

These include:

• The length of the marriage
• The marital lifestyle the couple enjoyed
• The income of both spouses
• Each spouse’s educational level
• Each spouse’s employment history and future employment opportunities
• Other financial obligations, such as child support

Modifying or Terminating Alimony in New Jersey

In New Jersey, alimony is not necessarily a permanent arrangement. Life circumstances can change significantly after a divorce, prompting the need for adjustments to alimony agreements. The state recognizes various situations where modifying or terminating alimony may be appropriate.

Grounds for Modifying Alimony

Some of the most common grounds for modifying alimony agreements in New Jersey are as follows:

• Change in Financial Circumstances: One of the most common reasons for modifying alimony is a significant change in the financial status of either party. This could include:
  • Job Loss or Reduction in Income: If the paying spouse loses their job or experiences a substantial decrease in income, they may seek a reduction in alimony payments.
  • Increase in Income: Conversely, if the receiving spouse secures a higher-paying job or receives a substantial increase in income, the paying spouse may request a reduction in alimony.
• Retirement: When the paying spouse retires, particularly at the typical retirement age, they may seek a modification to reduce or terminate alimony, given the reduction in income.
• Health Issues: Serious health problems affecting either spouse’s ability to work and earn an income can be grounds for modifying alimony. This could involve increased medical expenses for the paying spouse or a decreased ability to work for either party.
• Changes in the Cost of Living: Significant changes in the cost of living for either party may warrant an alimony modification. This can include substantial increases in housing costs or other essential expenses.

To modify alimony in New Jersey, the requesting party must file a motion with the family court that originally issued the alimony order. This motion must detail the changed circumstances and provide evidence supporting the need for modification. The court will then evaluate the request based on the current financial situation of both parties and any other relevant factors.

Termination of Alimony

Termination of alimony typically occurs under the following conditions:

• Remarriage of the Receiving Spouse: Alimony typically ends if the receiving spouse remarries. The paying spouse must provide evidence of the remarriage to have alimony terminated.
• Cohabitation: If the receiving spouse begins living with a new partner, the court may consider this a reason to modify or terminate alimony. New Jersey law specifies that cohabitation creates a rebuttable presumption that alimony should be terminated.
• Death of Either Party: Alimony obligations typically cease upon the death of either the payor or the recipient.
• Agreed-Upon Termination Event: If the divorce decree specifies a particular event or date for alimony to end, that condition will dictate the termination.

Contact Our Skilled Middlesex County Alimony Lawyers

Whether you are the one who is paying alimony or will receive it, you need a skilled team of New Jersey alimony lawyers who can evaluate all aspects of moving forward with your new life and negotiate a financial future for your happiness and comfort. Our experience can be of great assistance in sorting out these legal obstacles.