Hudson County Alimony Lawyer
Alimony, also known as spousal support, is the amount that one spouse or partner must pay to the other while a legal separation or divorce is pending, after a final divorce decree, or after the dissolution of a civil union. It is ordered when there is a sizeable discrepancy between the two parties’ incomes and is meant to allow both parties to maintain the same lifestyle they had during their marriage after it is dissolved.
Determining what type and amount of alimony are appropriate can be quite complex. Fortunately, an experienced Hudson County alimony lawyer could help figure out the best solution to fit the needs of your family. To learn more, about spousal support and how it may affect you, speaking to a family law attorney may be your best move.
The Various Types of Alimony
In the state of New Jersey, there are five classifications for alimony established by New Jersey Revised Statutes §2A:34-23. These categories all apply to different scenarios and may be utilized in succession during different parts of the divorce process, as a Hudson County alimony attorney could explain in further detail.
Pendente Lite
Pendente lite alimony is also known as temporary alimony. Awarded by the court early in the divorce or dissolution process, this type of alimony may include payment for divorce, daily expenses and more. It terminates automatically upon finalization of the divorce, at which point it may be replaced by another type of alimony.
Open Durational
This type of spousal support is generally awarded if a couple has been married or cohabitating for at least 20 years, or if one spouse is financially dependent upon the other or permanently disabled. Open durational alimony may terminate once the dependent spouse or partner remarries or cohabitates with another person, or the paying spouse reaches retirement age.
Limited Durational
Limited durational alimony may be awarded when the marriage or civil union being dissolved lasted less than 20 years. It is intended to help the dependent spouse become self-sufficient up to the standard of living they experienced during their marriage. This type of spousal support does not last for a period longer than the marriage itself, except under exceptional circumstances.
Rehabilitative
This type of alimony is awarded for a specific period of time and designed to help the dependent spouse or partner obtain the skills necessary to become self-sufficient. This may include payment for the costs of educational training that would help the dependent spouse become more competitive in the job market.
Reimbursement
Reimbursement is awarded to compensate one spouse or partner for financial contributions made to the education or training of the other, and which both expected to benefit from in the future prior to their separation or divorce. Through this type of spousal support, the courts can acknowledge that one spouse may have sacrificed their career to help the other spouse.
Factors Affecting Alimony Calculation in Hudson County
NJ Rev Stat §2A:34-23 also specifies the factors that a court must consider when deciding upon an alimony request. These factors may include but are not necessarily limited to:
- Duration of the marriage or civil union
- Age, the physical and emotional health of the parties
- Earning capacities, educational levels, vocational skills, and employability of the parties
- Amount of time away from the job market for the party seeking maintenance
- Parental responsibilities for the children
- Income available to either party from asset investments held by that party
- Tax treatment and consequences to both parties of any alimony award
- Amount and duration of pendente lite support paid if any
A seasoned alimony lawyer in Hudson County could help an individual create a fair and reasonable agreement that works best for them and their family.
How a Hudson County Alimony Attorney Could Help
A compassionate attorney understands that your alimony issues are not just dry legal matters, but very personal and serious concerns that could affect the quality of your life for many years. A seasoned Hudson County alimony lawyer could work to build a strong case for you and protect your interests, so call today to discuss your case.