During the divorce process, many different issues arise for couples to sort out. One frequent point of contention in divorces is whether or not to award spousal support and, if so, how much and how long it should be paid. The court takes into consideration the unique circumstances of a couple’s relationship when deciding whether to award spousal support. A skilled family attorney can advocate for what is fair based on the couple’s particular circumstances.
If you are getting divorced, you need an experienced legal advocate. Because spousal support is a financial issue, it profoundly impacts couples in the years following the divorce. With your financial future at stake, hiring a Piscataway spousal support lawyer is crucial. Whether you need to pursue alimony from your former spouse or advocate for fair terms if you are the one paying spousal support, we are here to help. Reach out now to learn more about when alimony is appropriate and how to calculate the amount and length.
New Jersey Spousal Support
In New Jersey, spousal support is a sum of money one spouse pays the other after divorce. The purpose of awarding spousal support is to lighten the financial burden on a spouse who was financially dependent on the other. Alimony can be paid as a lump sum or in installments. Courts will award spousal support in divorces where one spouse has a significantly higher earning potential or income than the other. However, the court is less likely to award spousal support if both spouses have a comparable income, education, and living situation.
If the couple’s marriage lasted for less than 20 years, New Jersey law limits how long alimony is paid. Alimony cannot be awarded for longer than the length of the marriage unless circumstances warrant doing so (if, for example, one spouse is chronically ill, or the spouse in need of support is the children’s primary caretaker). Many different factors can affect the duration and amount of spousal support. Contact an experienced Piscataway spousal support attorney to discuss limitations on alimony.
Awarding Spousal Support
When considering whether to award alimony payments from one spouse to another, a court will analyze many different factors to determine what is fair. Unlike child support, New Jersey alimony awards are not determined by a complex set of formulas. Instead, the court examines a variety of factors to determine what amount, if any, is appropriate. One of three common alimony arrangements may be put in place.
Rehabilitative Alimony
Rehabilitative alimony is financial support given to an ex-spouse to become self-supporting through education and job training. It lasts for a limited time period based on the goal. For example, the alimony payments may last for four years, to give an ex-spouse time to attain a college degree.
Permanent Alimony
This type of alimony lasts for an indefinite period of time, usually until either the payor or payee passes away. Permanent spousal support is rarer now than it has been in the past. Usually, permanent alimony is only a consideration in marriages of extremely long duration where the spouses have vastly different earning capacities.
Limited Duration Alimony
Also known as term alimony, this type of spousal support is only available for a fixed period. It is usually awarded for short-term help to supplement a spouse’s income during the divorce proceedings. Under certain circumstances, alimony for a specified term may be modified or terminated if the person receiving alimony begins to share housing with a new romantic partner.
After your divorce is over, you may still face alimony issues. If there has been a substantial change in circumstances, alimony awards may be modified or terminated. Factors such as remarriage, variation in income, change in health, job status, and location can all affect spousal support. At the Law Office of Jennifer L. Marshall, LLC, we provide ongoing representation concerning alimony awards.
Factors Influencing Alimony Payments
Spousal support in Piscataway is guided by New Jersey Statutes 2A: 34-23(b). While these statutes do not outline mandatory factors that must be considered by the court, they provide guidelines to help a judge determine who should pay and receive alimony.
That said, these factors largely determine how much a recipient’s ex-partner would receive, for how long, and whether they qualify in the first place. The factors include:
- The financial needs of a dependent spouse and whether the financially stronger partner can meet those needs through spousal support
- How long the couple has been married or in a civil union
- The standard of living that both parties were used to while they were married to each other
- Each person’s age, health, and whether one party would need medical care for an extended period
- Each partner’s income, their individual qualifications, and work experience
- Whether one partner sacrificed their professional career to raise the children, mind the home, and support their partner while the other progressed in their career
- How much time and resources the person seeking spousal maintenance would need to find a job and/or acquire the necessary certification that will make them employable
- Which partner takes primary care of the children and whether that affects their ability to work
- The proceeds of investments available to one or both parties
- The tax implications of the spousal support for both parties
These are some of the key driving issues that determine how much someone will pay or receive as alimony.
Can a Spouse Request Financial Support During Divorce Proceedings?
Yes. This is known as pendente lite support or temporary alimony. It is a spousal maintenance payment that the court orders to ensure that the dependent is able to maintain their standard of living or keep the household running pending the final ruling on the divorce case.
This temporary spousal maintenance typically covers expenses such as rent, mortgage payments, car notes, health insurance, child support, utilities, and other necessary expenses to run the household while the divorce proceedings are still in place. As always, this is often paid by the more financially capable or better-earning partner.
To arrive at an amount that covers the lower-earning party’s monthly temporary support, the court will look at both individuals’ Income and Expense Statements to determine who pays and how much they will pay.
Naturally, this temporary support ends after the final judgment. Getting pendente lite support is as simple as both parties either reaching an agreement and obtaining a consent order from the judge or filing a pendente lite motion with the courts. A Piscataway alimony attorney could help you understand these details during a consultation.
Is it Possible to Avoid Paying Spousal Support in New Jersey?
Yes, it is possible to completely avoid or at the very least, reduce the amount of money paid as alimony to an ex-partner. To do this though, the person who would have paid would have to show that the receiver has adequate financial capability to take care of themselves, thus rendering financial support unnecessary.
Other basis for limited or zero alimony payments is cohabitation, invoking the terms outlined in a prenuptial or post-marital agreement, the payer’s retirement, short-term marriage (less than 5-7 years), proof the recipient can work but refused to, or extreme fault –even though New Jersey does not consider fault as a basis for marital dissolution. Let a Piscataway spousal support attorney help you understand your options.
Hire a Piscataway Spousal Support Attorney for Professional Legal Guidance
If you are getting divorced from your spouse, you need a skilled attorney on your side to answer your questions about alimony and the rest of the legal process. Each couple will have unique considerations when deciding if spousal support is appropriate based on their relationship. A family law attorney can also assist you with crafting an argument for or against alimony based on the relevant factors the court will consider.
If you are concerned about the financial implications of your divorce, a knowledgeable Piscataway spousal support lawyer can work with you to develop a solid legal strategy for your case. Contact our firm today to learn more.
