Monmouth County Spousal Support Attorneys
Alimony Attorneys in Red Bank and Woodbridge, New Jersey
In some New Jersey divorces, the financially dependent spouse is entitled to spousal support, often referred to as alimony. Alimony is often one of the most contested matters of a divorce. One spouse may not believe the other spouse deserves financial support. The parties may dispute the amount of support that is appropriate and the marital standard of living. There can also be dispute over the duration of the alimony payment. If you are facing divorce and alimony is an issue, you need strong legal representation. Contact Paone Zaleski & Murphy today.
Alimony Options in New Jersey
In recent years, New Jersey has modified its alimony laws. Now, there is no longer an option for a permanent alimony. There are four types of alimony in New Jersey that may be considered in your divorce:
- Open durational alimony: When open durational alimony is awarded, it is generally granted to those who were married over twenty years. This option replaced permanent alimony when the laws changed. Open durational alimony allows for support without setting a specific end date. If the dependent spouse eventually becomes financially independent or other changes in circumstances occur, open durational alimony may be terminated.
- Limited duration alimony: In cases where alimony is appropriate but the parties were married for less than 20 years, limited duration alimony is usually ordered by the court. Although there is no formula for determining the length of time that alimony will be paid, the judge will determine how long alimony will be paid at the time the award is ordered.
- Rehabilitative alimony: When spouses defer their career goals or drop out of the workforce to support the other spouse’s success, they may be awarded rehabilitative alimony. This alimony is to support spouses while they are pursuing the necessary education or retraining to advance their earning potential.
- Reimbursement alimony: This form of alimony is generally ordered to pay back a spouse who paid for the other’s expenses while they went to school or other training.
Factors Considered in Awarding Spousal Support
When the court is deciding an alimony case, it will take a number of factors into consideration. Some of the factors considered include:
- The earning capacity of each party
- The duration of the marriage
- The needs of the dependent spouse
- The ability of the independent spouse to provide support
- The standard of living established in the marriage
- The age and health of each party
- The parental responsibilities for children
- The tax consequences of any alimony award
- The nature, amount, and length of temporary support already paid
Will fault grounds affect spousal support awards?
A common misconception is the impact of marital fault in a divorce. Courts do not consider fault when awarding spousal support. However, when a spouse wastes marital funds or becomes intentionally unemployed assuming it will benefit them in divorce, the court may make decisions based on these actions.
Contact a Monmouth County Alimony Attorney
If alimony is a contested matter in your divorce, you should have the legal representation of an experienced attorney. Regardless of whether you are the spouse requesting support or the spouse who may pay support, you should have an attorney who can protect your interests. Paone Zaleski & Murphy has over 30 years of experience defending clients in these matters. If you require strong legal guidance for a divorce matter, contact Paone Zaleski & Murphy for a consultation.