Fort Lee Alimony Lawyer
While it is not ordered or appropriate in every situation, alimony is a common component of many divorces in the state of New Jersey. However, anyone who wants to pursue alimony payments during their divorce or believes that they should not be made to pay a certain amount of alimony, or alimony at all, may have a tough fight ahead of them. There are many criteria that courts use to make decisions on this particular matter, and not all of them are objective in nature.
If you want to effectively pursue a favorable spousal support order, you should strongly consider hiring a Fort Lee alimony lawyer. In addition to advocating for your best interests during court proceedings, a skilled family law attorney could also provide critical assistance out of court by gathering evidence, supporting your position, and keeping you informed about your options.
Types of Alimony Available in Fort Lee
As a seasoned attorney could further explain, the section of state law that addresses when and why alimony may be awarded in Fort Lee is N.J.S.A. 2A:34-23(b). According to this statute, the court overseeing a divorce may elect to award either party with one of four varieties of alimony, each of which is meant to remedy a different imbalance between divorcing spouses in terms of earning capacity or contributions to the marriage.
In the short term, a court may order one spouse to provide the other with rehabilitative alimony until the recipient can obtain enough education or job training to support themselves independently. Similarly, reimbursement alimony is meant to compel one party to pay back their former partner for money or time they contributed to furthering the other party’s educational or occupational pursuits. Reimbursement alimony, however, requires certain other conditions and is generally rarely awarded.
Limited duration alimony for a certain amount of years may be awarded after marriages that only lasted for a few years or less than 20 years, usually when both parties to a divorce have many years left in their working lives. Conversely, open durational alimony, which has no fixed end date, may be awarded after marriages lasting at least 20 years where one spouse will be unable to support themselves independently for a long time after the divorce. Open durational alimony has replaced under statute what was formerly known as “permanent alimony.”
What Factors Determine Whether Alimony is Available?
When deciding what type of alimony would best suit a particular situation or whether to award spousal support at all, courts have the authority to consider any factor they deem relevant at the time. However, state law specifies certain criteria that courts must utilize during this process, including, but not limited to, the length of the marriage in question, the future earning capacities of both spouses, the capacity of the prospective payor to provide financial support to their former spouse, and other obligations each party has, such as child care or tax debts.
It is worth noting that a person convicted of aggravated assault, manslaughter, criminal homicide, or murder of a family member during their marriage is ineligible to receive alimony during or after a divorce. Likewise, anyone convicted of conspiring or attempting to murder a spouse cannot receive alimony from that spouse. An Fort Lee lawyer could go over more specific circumstances in which alimony may or may not be warranted.
Speak With a Fort Lee Alimony Attorney Today
Alimony is a contentious aspect of many divorces, especially those that occur after several years of marriage. Whether you want to seek a spousal support order for yourself or contest one being pursued against you, help from qualified legal counsel could make a significant difference in the ultimate outcome of your case.
A conversation with a knowledgeable Fort Lee alimony lawyer could answer your questions and clarify all your options for pursuing or avoiding maintenance obligations. Call today to schedule your initial meeting.