WHAT TO EXPECT DURING DIVORCE: MEN'S EDITION
DOWNLOAD EBOOKHELPING YOU GET A FAIR SPOUSAL SUPPORT OUTCOME
Divorce is a difficult and often emotionally charged process, and the financial issues involved are complex, including when it comes to alimony. Alimony, or spousal support, is designed to assist the economically weaker spouse for a period of time. It is meant to bridge a gap to make uneven economic circumstances more objectively fair, so that both parties can live a lifestyle reasonably comparable to that which they enjoyed while married.
As experienced New Jersey alimony lawyers, we know that the issue of spousal support is often a heated one. You can trust that when you work with our divorce lawyers we will seek to ensure that you receive a fair outcome, whether you expect to pay or receive alimony.
Contact [MFR] Men’s & Fathers’ Rights Divorce Lawyers to arrange a case evaluation. Call us at (201) 880-9770.
WHY CHOOSE OUR LAW FIRM?
Experience counts in a family law firm when you have complicated alimony issues to resolve. Attorney Carrie S. Schultz , the firm’s founder, has the background necessary to find solutions for even the most difficult marital situations. She is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney, meaning she has demonstrated strong proficiency in this complex area of the law. Our combined attorney team has over 50 years of experience resolving divorce issues, including in high-net-worth divorce cases. When you choose us, we will put our knowledge to work for you by:
- Providing tailored counsel that considers all the unique factors of your case
- Delivering guidance that is clear and consistent
- Doing what we say we will do in an honest and ethical manner.
We respond to questions and concerns within 24-48 hours. Learn more about us by reading what our clients say.
HOW OUR NEW JERSEY ALIMONY ATTORNEYS CAN HELP
The trends in alimony/spousal support in New Jersey are changing constantly, and the interpretation of the law is forever evolving. Determining or resolving the issue of alimony is not a straightforward analysis and is very fact-specific to each situation. In marriages where one spouse requires vocational training or education to become self-supporting, or if one spouse earns significantly less than the other, or one spouse never worked during the marriage but took care of the children, alimony will most likely be a consideration to discuss in divorce.
However, this is not the end of the conversation! There are other factors that must be weighed to ultimately determine whether alimony is appropriate and, if so, how much and in what amount. We will discuss with you the alimony factors that impact you, as well as the interplay among them.
If you are the spouse paying alimony (otherwise known as the obligor), our alimony lawyers can assist you in limiting your exposure to paying too much. We will help you figure out a number that is fair. If you will be the recipient of alimony, we can address the amount that you will need and devise a method of payment that works to ensure the best chance for the paying spouse to comply with the obligation.
No matter whether you expect to pay or to receive alimony, we will examine your individual divorce situation, answer your questions, and determine the best way to move forward and obtain the most advantageous solution for you.
ALIMONY LAWYER IN HACKENSACK, NJ, EXPLAINS THE LAW
In alimony determinations, New Jersey law does not favor one spouse over the other. The law attempts to ensure that both divorcing parties can function financially after the divorce. Determination of alimony is based upon factors that include the:
- Actual need and ability of the parties to pay
- Length of the marriage
- Age and physical and emotional health of the parties
- Standard of living established in the marriage
- Earning capacities, educational levels, vocational skills, and employability of the parties
- Parental responsibilities for children.
You can see the full list of factors considered under the law at New Jersey statute § 2A:34-23. In making an alimony award and calculating the amount of alimony, the court considers all relevant factors. What alimony is not is a lottery ticket or meant to be a windfall to the recipient.
TYPES OF ALIMONY AND SPOUSAL MAINTENANCE
There are several types of alimony and spousal maintenance in New Jersey. All forms of it end if either spouse dies and typically if the recipient spouse remarries (unless negotiated otherwise).
Limited-Duration Alimony & Open-Durational Alimony
Limited-duration alimony is typically awarded in marriages of less than 20 years’ duration. The court would only award alimony up to the number of years of the marriage, at maximum.
In marriages of more than 20 years, open-durational alimony may be appropriate. This type of alimony does not have a fixed end point, although there are certain triggers that can come to be that would provide an opportunity to review, terminate, or modify the obligation.
The duration of alimony is a negotiated element according to the specific circumstances, which include ages of the parties at the time of the marriage and the alimony award, how dependent one spouse has been on the other during the marriage, whether a spouse has a chronic illness, and other considerations. If a compromise cannot be reached with the assistance of your attorneys, then the court will decide and order the duration after considering all the factors.
Rehabilitative Alimony
This form of alimony is generally awarded so that the recipient can pay for training and associated living costs for entry or re-entry into the job market, or to advance to a higher-paying position within a certain amount of time. The spouse receiving alimony must show the scope of rehabilitation, the steps to be taken toward rehabilitation, and the time frame, including a period of employment during which rehabilitation will occur.
Reimbursement Alimony
Reimbursement alimony may be awarded when one party supported the other through an advanced education, in anticipation of increased earning capacity. This award cannot be modified. Be aware that remarriage and civil unions do not end rehabilitative or reimbursement alimony unless the parties agree or the court finds there is good cause to terminate the order.
Temporary Support During Divorce
In addition, the courts may award pendente lite alimony for the period while the divorce is pending. This is temporary support for situations where one spouse is financially dependent on the other and needs help to cover living expenses while the divorce is pending and being negotiated.
OUR NJ ALIMONY LAWYER ANSWERS FAQS
Divorce and all its issues, including alimony concerns, can be confusing. Here are some common questions we get that may help clear some of the cobwebs.
Are alimony payments tax deductible?
For federal taxes, for divorces that were finalized on or after January 1, 2019, alimony payments are not tax-deductible to the paying spouse, nor are they reportable income for the recipient. For divorces finalized before January 1, 2019, payments are deductible and receiving spouses must report them as income. For New Jersey state taxes, alimony payments are deductible for payors and reportable for recipients, but often you need to specify the protocol during settlement negotiations.
Do child support agreements impact alimony payments?
Child custody and support situations may affect alimony. When you are calculating child support, you need to consider the amount being paid or received in alimony. This is a critical component that, if not factored in, could dramatically skew the overall child support and/or alimony figure in either direction. Our alimony lawyer in New Jersey can guide you based on your situation.
Can we make our own alimony agreement outside the court?
Yes—if you are able to come to terms with your spouse on your own, you can put your agreement in writing without the court’s making the decision for you. Alimony is often a sensitive and contentious area of discussion, and it is to your benefit to engage a skilled divorce attorney to look out for your interests during alimony negotiations.
Can existing alimony orders be modified?
Modifications can be requested by either spouse if there is a significant change in circumstances, unless there is a written agreement or court order stating that alimony cannot be changed. To modify an order, the requesting spouse must prove that there has been a change in circumstances, such as the retirement of the payor spouse or a significant decrease or increase of income of either spouse for a long period of time.
GET HELP FROM AN EXPERIENCED NEW JERSEY ALIMONY LAWYER
The issues surrounding alimony are too important to try to manage them on your own. If you make one wrong decision, you could end up paying too much or not receiving enough. Our attorneys can guide you toward a satisfactory result.
For trustworthy legal help in New Jersey, call (201) 880-9770 to schedule a case evaluation with a knowledgeable alimony attorney from [MFR] Men’s & Fathers’ Rights Divorce Lawyers. We represent individuals filing for divorce in Bergen County as well as in many of the surrounding counties.
Carrie S. Schultz, Esq.
Thank you for visiting our site. We realize that if you are reading this, you or someone you know is having marital or family difficulties. We truly understand how unsettling that can be for all involved. I personally want to invite you to explore the website which contains a lot of informational and educational items which I hope is of benefit to you. I also welcome you to contact us to schedule a case evaluation to discuss your matter in greater detail. Our firm philosophy is to always remain committed to providing our clients with the best service, care, guidance, communication, and legal advice possible for your particular situation. We take seriously you entrusting us with your legal matter. Happy researching!
