Alimony Lawyers Serving New Jersey Clients
Alimony
is termed spousal support under New Jersey law, and it refers to the payments
one spouse makes to another when a court finds it appropriate in divorce cases.
Spousal support may be one of the most hotly contested issues in a divorce
case, whether you are the party seeking it or fighting to avoid paying it.
Plus, New Jersey’s alimonylaws
are complex when it comes to the factors used to calculate the amount.
At
Giro Attorneys at Law, LLC, our lawyers are committed to assisting clients
on both sides of the alimony issue. We have been assisting clients in Bergen
County, NJ and throughout the surrounding area for decades, and family law is
our focus. You can trust our attorneys to protect your interests in a spousal
support case, whether in court or negotiating an agreement for alimony.
Protecting Your Interests in
Challenging Spousal Support Matters
The
intent of alimony is to ensure balance between parties to a divorce, so that
each spouse can live in the same relative comfort as he or she did during the
marriage. Generally, the lower earning or financially dependent spouse will
receive spousal support from the other. There are four types of alimony under
state law:
● Limited Duration: This type of
spousal support applies to marriages under 20 years in duration and the
obligation typically does not exceed a short amount of time, usually as long as
it takes the recipient spouse to become self-sufficient.
● Rehabilitative: A court may order
one party to provide financial support to the other so that the recipient can
attain higher level of education or training, which will eventually enable him
or her to become self-sufficient.
● Ongoing Duration: When the marriage
lasted 20 years or more, a court may award ongoing duration alimony to the
spouse that has unequal current or future earning capacity compared to the
other party.
● Reimbursement: In rare cases,
reimbursement alimony would be proper where one spouse provided financial and
household support while the other pursued an education. The theory is that the
party who made such contributions to the marriage should be reimbursed for his
or her efforts.
Factors Used to Determine Spousal
Support
There
are multiple considerations a court reviews when issuing an order on alimony,
including:
● The need and ability of each party
to pay;
● The age, physical and emotional
health of each party, in the context of employability;
● Parental responsibilities;
● Length of time outside the job
market;
● Standard of living during the
marriage;
● Current and future earning capacity;
and,
● Many other factors as designated by
law.
Note
that gender is not a consideration, so the common assumption that a husband
pays alimony to a wife does not apply.
An Experienced New Jersey Alimony
Attorney Will Fight for Your Rights
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