New Jersey Spousal Support Lawyer
Divorce is often hard on every party involved, especially given the numerous factors that must be considered while navigating the divorce process. There are many challenges that may arise during the course of a divorce, and spousal support—traditionally referred to as alimony—is among the most common and often one of the most contentious.
Spousal support can take many different forms and can be a challenging aspect of the divorce process to manage. However, an experienced New Jersey spousal support lawyer could work with you to understand the many nuances involved in spousal support and advocate for your rights throughout your divorce.
Types of Spousal Support in New Jersey
When beginning to think about spousal support, it is important to remember that there are different types of spousal support available to New Jersey couples seeking a divorce. A seasoned New Jersey spousal support attorney could help an individual understand these different types of spousal support.
Short-Term Spousal Support
Pendente lite spousal support, also known as temporary spousal support, is awarded by the court during the divorce process. It is meant to help each spouse maintain the same financial status and standard of living that existed during the marriage while dealing with their divorce.
Similarly, rehabilitative spousal support can be awarded for a specified period of time in circumstances where one spouse is in need of financial support in order to enable that person to return to work. Spousal support can also be awarded to reimburse one spouse for additional contributions—financial or otherwise—made to their education and/or career during the marriage.
Long-Term Spousal Support
Courts may award spousal support on a period of limited duration, during which one partner will pay alimony in regular increments up to a total value or amount of time specified by the court. This type of spousal support is more common in marriages that have lasted ten or more years.
For marriages that have lasted over 20 years, a court also has the discretion to award spousal support for a period of open duration. In such cases, the receiving spouse must usually be able to establish that they will never be able to become self-supporting at the same financial level as they enjoyed during their marriage.
New Jersey Revised Statutes §2A:34-23 set forth several factors that courts consider when determining spousal support awards. These can include:
- Duration of the marriage
- Earning potential for each spouse
- Potential tax consequences of spousal support awards
- Potential time and expense involved in education and/or training required to reenter the workforce
- The plan for division of property
- Investment income of both spouses
Many of these factors can be subjective, but an experienced NJ spousal support attorney who understands the nuances of spousal support law and could work to reach a fair outcome on behalf of their client.
Spousal support can serve a very important role when it comes to divorce, but it also has the potential to be mishandled or abused. Negotiating alimony on your own can be an intimidating and challenging prospect, but it does not have to be. A NJ spousal support lawyer could help you anticipate and understand the challenges you might face when it comes to issues surrounding spousal support.
If you have concerns about the role spousal support could play in your divorce, a local spousal support lawyer could explain your options and advocate for your rights. Call today to schedule a consultation.