Parsippany Alimony Attorney
Dedicated Legal Support in New Jersey Family Law Matters
Finances are often a big factor in the breakup of marriages. Unfortunately, it is not a problem that automatically ends after a divorce. Transitioning to a new life as a single person can be difficult when you can no longer rely on two incomes or a substantial income from your spouse.
This is especially true for stay-at-home parents who have not worked and have little resources, individuals with much lower paying jobs than their partners, Individuals with health difficulties, or older individuals of retirement age. In many of these cases, these are individuals who may seek alimony, also referred to as spousal support.
At Simon, O'Brien, & Knapp, our lawyers can support anyone facing a divorce understand alimony and spousal support in greater detail. Hence, they know what to anticipate from their divorce proceedings. So whether you are predicting to pay spousal support or require it after your divorce, our legal team can help.
How Long Do You Have to Be Separated Before Divorce in NJ?
According to state law, there must be separation from both parties for 18 months before filing for a divorce (no-fault) in New Jersey. Nevertheless, if it is a fault-based divorce, neither spouse must file a separation requirement.
Whether you are seeking alimony or contesting it in a New Jersey divorce, it is essential to understand its laws and how courts make alimony decisions.
At Simon, O’Brien, & Knapp, our dedicated family law attorneys are well-versed in the laws, how local judges generally view alimony cases and can thoroughly prepare your case in pursuing or defending against an alimony judgment. We understand how vital the financial aspects of any divorce can be and the dramatic effects this issue can have on your future.
Our firm is here to apply our extensive knowledge and experience on your behalf to pursue what is in your best interests.
How Alimony Is Determined in New Jersey
Courts determine alimony on a case-by-case basis and have broad latitude in making decisions. As opposed to child support, no set formula has been established by New Jersey law for the assignment and calculation of this type of spousal support. Instead, courts will look at many factors in making a decision whether alimony is justified and how much and for how long.
These factors can include:
- How long the marriage lasted
- The actual financial needs of each spouse
- The ability of the paying spouse to provide this support
- The standard of living that was established during the life of the marriage
- Each party’s earning ability, work skills, and actual or potential employability
- How custody and parental responsibilities have been determined
- How marital property is to be divided through the divorce
- The time and costs required to educate or train the supported spouse so that he or she can become financially independent
- The ages and health of each party
- Any other factors pertinent to the issue
Multiple terms come to mind when determining alimony. For one thing, ex-spouses can give alimony for years or just as temporary upkeep in the middle of divorce proceedings. Of course, every case is unique, but there are some explicit guidelines that the courts will lean towards with an alimony case.
Generally, in marriages of less than 20 years, the duration of spousal support cannot exceed the length of the marriage except in certain circumstances. Otherwise, no set rules have been established by law as to how long alimony will last; this is determined by the court after reviewing the specific facts of each case.
Types of Alimony
Various types of alimony may be awarded in any particular case. These include:
- Temporary alimony when a divorce is pending to help a dependent spouse pay his or her living expenses until the case is finalized
- Limited-duration alimony to assist a dependent spouse in becoming self-supporting after divorce
- Rehabilitative alimony to provide funds for when a spouse needs vocational training or education to be eligible for future employment
- Reimbursement alimony for a spouse who provided financial support for the advanced education or training of the other spouse
- Open duration alimony that is not limited as to a time period available only to those who were married for at least 20 years
Where a spouse becomes delinquent in making alimony payments that have been ordered by the court, you can seek to have them enforced. This involves filing a motion with the court seeking a legal remedy to the matter. It will be left up to court to decide what those remedies may be. Our firm can provide the legal assistance you need with this issue.
Simon, O’Brien, & Knapp Provides Seasoned & Diligent Legal Help
Spousal support is a complex and sensitive issue. No two cases are alike and each one must be prepared and pursued based on evidence of the specific facts and circumstances of the couple involved. Our firm can assist you in understanding this issue in your divorce, including what your obligation may be as a paying spouse or what you may be entitled to as a supported spouse. We understand the challenges you may be facing on this issue and will do everything possible to help you obtain a favorable outcome.
We strategize to ensure we reach optimum results for your unique case.
Our attorneys are easily accessible when you need us most.
We will do everything possible to help you obtain a favorable outcome for your family.