NJ Alimony Lawyer

     After a divorce one spouse may need financial support from the other, this is known as alimony.  This is an essential consideration in all divorces, and as such if you are getting divorced, you should talk to a New Jersey Alimony Lawyer first.  Avery & Avery offers free consultations for all NJ Family Law matters, including divorce, and alimony.

What is Alimony?

There are many tpyes of alimony and some are permanent and others temporary, depending on certain factors.  This money is generally paid monthly or in a large lump sum and is used to maintain the lifestyle that they had during the marriage.  

Permanent Alimony – Usually reserved for marriages which lasted over 18 years, permanent alimony awards one spouse periodic payments for the rest of their lives.

Temporary Alimony – Alimony paid periodically over a period of time set by the court.  Unlike permanent alimony, these payments have a definitive end, and generally are ordered, at most, for the number of yeras you were married.

Rehabilitative Alimony – This type of alimony shall be awarded based upon a plan in which the payee shows the scope of rehabilitation, the steps to be taken, and the time frame, including a period of employment during which rehabilitation will occur.

Reimbursement Alimony – May be granted if one spouse supported the other through a higher education program, expecting to share in the fruit of that increased earning capacity.

There are many types of alimony, and many factors involved in deciding an appropriate dollar amount.  It is important to contact an experienced NJ Alimony Lawyer to ensure you are not paying too much, or that you are getting paid enough.

What factors affect how much alimony I am owed or responsible for?

The following are the considerations a Judge must use to decide how much alimony should be awarded in a New Jersey divorce case:

  1. The actual need and ability of the parties to pay;
  2. The duration of the marriage or civil union;
  3. The age, physical and emotional health of the parties;
  4. The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living;
  5. The earning capacities, educational levels, vocational skills, and employability of the parties;
  6. The length of absence from the job market of the party seeking maintenance;
  7. The parental responsibilities for the children;
  8. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
  9. The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
  10. The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
  11. The income available to either party through investment of any assets held by that party;
  12. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
  13. Any other factors which the court may deem relevant.

Modification and Termination of Alimony

A judge may, upon good cause, modify an award of alimony.  The amount payable maybe increased or reduced depending on the circumstance.  Typical reasons to modify an alimony award are large increases in pay, termination of employment, and remarriage.  If you or your former spouse fit into one of these categories you may be able to reduce your monthly payments or increase theirs. For a free consultation with a NJ Family Attorney, contact us today.

Frequently Asked Questions:

Do I have to pay Alimony and Child Support?

Yes, child support is completely separate and apart from alimony. Child support is an obligation owed to your son / daughter.  It is very common for one parent to have to pay the other both child support and alimony.  It is also common for one spouse to pay the other alimony, and recieve back child support if they are the custodial parent.  

We had a prenuptual agreement before getting married, how does this affect alimony?

This greatly depends upon what the terms of your prenup.  In NJ a prenup can control many aspects of how assets are divied in divorce.  Not all prenups are fully enforceable, if you have a prenup and are contemplating divorce, or are about to get married, contact one of ur NJ Alimony Lawyers today.

What are the tax considerations of alimony?

Alimony payments are deductable to the payor, and taxable for the payee.  This is not the case for child support, which is not deductable at all.  

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