New Jersey Alimony and Spousal Support Lawyer
Court awards of alimony, also known as spousal support or maintenance, can range from a one-time mandatory payment to a court order to pay alimony indefinitely. There are many different factors for the judge to consider in deciding on an alimony award, and many different types of alimony which can be awarded. Whether seeking to establish or challenge an alimony award in a New Jersey divorce, the Law Offices of John B. D’Alessandro can prepare and present a persuasive argument for a fair decision that protects and promotes your best interests.
Different types of alimony in New Jersey
New Jersey law recognizes five different types of alimony which can be awarded in a divorce. A temporary award which is sometimes made during the pendency of divorce proceedings is known as alimony pendente lite. This type of alimony may cover the receiving spouse’s living expenses as well as the costs of hiring an attorney and other costs associated with the divorce. The court can require one party to pay the other’s legal fees based either on financial need or if bad faith can be shown on the part of one of the parties to the divorce.
Other types of alimony can be made on a permanent basis or for a limited time. Permanent alimony usually lasts until the death or remarriage of the receiving spouse. Limited types of alimony are generally classified into three different categories:
Limited Duration – This type of alimony is set for the period of time it should reasonably take the recipient to acquire education, job skills or training to a level where alimony would no longer be appropriate based on the receiving spouse’s earning capacity.
Rehabilitative – This award is to maintain the ex-spouse’s standard of living until he or she adjusts to a new situation and becomes established financially, based on a plan drawn up by the prospective recipient.
Reimbursement – Where one spouse paid for the other or otherwise supported the other during marriage to gain an advanced education or specialized job training for the benefit of the family, the judge may order the spouse who benefited from the education or training to reimburse the other spouse for the costs incurred.
Factors Determining Alimony
In deciding whether alimony is appropriate and what amount would be just and reasonable in the circumstances, the family law judge looks at a host of factors, including:
- The need of the receiving spouse to get support
- The financial ability of the paying spouse
- The duration of the marriage
- The standard of living which was established during the marriage
- The earning capacity of each party
- Any parental responsibilities of the parties
- The property settlement
The division of marital property and the various income sources of the parties can be key factors in the alimony decision. Our insight and skills gained from years of experience as a New Jersey family law attorney can be useful in identifying sources of income or locating hidden property to ensure a fair and just alimony determination.
Call to Speak with an Experienced New Jersey Alimony Attorney
If you are concerned about the possibility or likelihood of alimony in your divorce, contact the Law Offices of John B. D’Alessandro in Union for an assessment of the situation from a New Jersey alimony attorney with over 20 years of experience in the practice of family law.