New Jersey Alimony Lawyer
Getting a divorce often involves dealing with a bewildering array of financial issues. One of the most complex is how much support one spouse should pay to the other, if any. It is generally in the parties’ best interests to settle as many of these questions outside of court as possible. When arguments continue into the courtroom, the outcome can be unpredictable and the costs to the parties can escalate rapidly.
A separation or divorce can leave one spouse facing extreme financial difficulty, especially if that person sacrificed their career and relied on their partner to be the breadwinner for the family. You may need an experienced New Jersey alimony lawyer on your side to handle this matter effectively, whether you are trying to get your former spouse to pay support or determine how much alimony you may have to pay.
What Is Alimony?
Alimony, or spousal support, is a monetary payment made by one former spouse to the other in an attempt to equalize their financial well-being. It may be awarded as a temporary measure during the divorce proceedings, for a specific amount of time, or for an open duration depending on the circumstances.
The court typically has a lot of latitude in awarding alimony, including the amount and duration. An effective alimony attorney in New Jersey could help frame spousal support in the broader picture of a divorce settlement.
Important Factors Regarding Alimony in New Jersey
The issue of spousal support can turn on several key factors:
- Does one spouse have a much higher income than the other?
- Did one spouse sacrifice certain opportunities, whether in terms of education or career, during the marriage to concentrate on raising children?
- Is the court also ordering child support, and if so, how does it affect the spousal support request?
- What is the health and age of the two parties?
- How long was the marriage?
After assessing these key factors, a NJ alimony lawyer could help determine a fair settlement. Also, it is important to know that today men and women both have the ability to seek alimony. In the modern era, it is not always the man who is the top earner in the marriage, and more men have been taking time off to take of small children.
Different Types of Alimony
Alimony can take a variety of form depending on the court’s orders. For example, temporary—or pendente lite—alimony may be awarded during separation or divorce proceedings to help maintain the standard of living for both parties until the final divorce hearing.
Later on, rehabilitative alimony may be awarded to allow the spouse with the lower income to achieve the income level where they would have been if not for support or sacrifices made during the marriage on behalf of their partner. In longer marriages, especially when a spouse is sick, disabled or otherwise unable to become self-supporting, open durational alimony may be awarded.
Unless the married couple has a valid prenuptial or postnuptial agreement, the law in the state where the parties live will control their property rights and spousal support obligations in the event of a divorce. Even if an agreement was reached before the marriage, it may not be enforceable. As with other contracts, courts can decline to enforce a marital agreement if it finds one to be “unconscionable.”
Speak with a NJ Alimony Attorney Today
Getting a divorce is never an easy experience and rarely a simple way. Aside from the various emotional complexities that often play central roles in the process, divorce law in New Jersey is multi-faceted and can be difficult to interpret correctly.
Fortunately, you do not have to go through this complicated endeavor alone. A seasoned New Jersey alimony lawyer with expertise in family law could represent your best interests and work hard to get you as positive an outcome as possible. To schedule an initial conversation and get started on your case, get in touch today.