Alimony
Handling Alimony & Spousal Support Cases for New Jersey
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.
When starting the divorce process, clients often want to discuss alimony immediately and have every right to be concerned about their financial future. We 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 durational, 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 timeframe leading to eventual employment. Limited durational 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 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
Work With Arndt, Sutak & Miceli, LLC
Whether you are the one who is paying alimony or will receive it, you need a skilled team of New Jersey alimony attorneys that 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.
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