While alimony is one of the most important matters in divorces, not every divorce case deals with alimony. Alimony is an issue if either you are requesting financial support from your spouse or your spouse is requesting support from you. The experienced attorneys at Baker Legal Group, LLC have many years of experience in dealing with alimony issues in the New Jersey Family Courts. Contact our office to schedule a consultation to determine whether alimony is an issue in your divorce matter.
What is Alimony?
Alimony is also called spousal support or spousal maintenance. Alimony is defined as monetary payments from one former spouse to the other former spouse. Either the court could decide after a trial that it is fair for one spouse to financially support the other spouse for some time, depending on the facts and circumstances. Or, you and your spouse may reach an agreement for the payment of alimony with the guidance of your attorneys.
When spousal support may commence during or after the divorce, depending on the circumstances of your case. Your attorney may recommend that a motion be filed with the court to compel the payments to begin prior to the conclusion of your case. This is something you and your attorney should discuss and decide based on the facts and circumstances of your case.
The attorneys at Baker Legal Group, LLC are experienced in dealing with alimony issues in the New Jersey Family Courts. Contact our office to schedule a consultation to determine whether you or your spouse may be entitled to alimony in your divorce matter.
Is Alimony Always Granted to Either Spouse?
No, alimony is not always granted in a divorce. A spouse would need to request alimony in a divorce case. Generally, if there is a disparity in the income of the two parties to a divorce case, then alimony will be an issue.
However, even if one spouse asks for spousal support, it does not mean that a final agreement or judgment will contain an award of alimony. Alimony is based on multiple factors. The parties may also agree to other financial relief to avoid having to have an alimony payment. This is part of the negotiation process in a divorce case.
Baker Legal Group, LLC has attorneys with many years of experience in dealing with alimony issues in the New Jersey Family Courts. Contact our office to schedule a consultation to determine the best way to negotiate alimony in your divorce matter.
Factors Judges Consider Regarding Alimony
If either spouse petitions the court for alimony during a divorce, the judge must consider many factors pursuant to the New Jersey Statute. Specifically, under N.J.S.A. 2A:34-23(b) the family court is required to consider the following factors:
- The needs of the dependent spouse
- The ability of the supporting spouse to pay
- The age and health of the parties
- The marital lifestyle
- The earning capacity and employability of both parties
- The length of time the dependent spouse has been absent from the workforce
- The financial and non-financial contributions each party has made the marriage
- The parental responsibility of both parties
- The division of assets and liabilities
- The investment income of the parties
- The tax consequences of the support payments
- The amount and duration of the alimony paid during the pendency of the divorce
Since each case is different it is important to have an experienced family law attorney like the attorneys at Baker Legal Group, LLC evaluate your case. Contact our office to schedule a consultation to determine the best way to evaluate alimony in your divorce matter.
How Long Does Alimony Last?
The duration of alimony depends on the same factors as the amount of alimony. However, Alimony will not exceed the length of the marriage. If alimony is paid during the pendency of the divorce, then that will count against the total duration of alimony.
Alimony will terminate upon the remarriage of the recipient. Alimony may be terminated or reduced if the recipient is cohabitating with a new partner. Alimony is also modifiable upon a showing of a permanent and substantial change in economic circumstances.
If you believe that you may have a reason to modify or terminate alimony in your case, have one of the experienced family law attorneys at Baker Legal Group, LLC, evaluate your case. Contact our office to schedule a consultation to determine if you can seek to have alimony modified or terminated.
Call Us Today to Speak with a New Jersey Family Law Attorney
If you are going through a divorce or think one may be in your future, contact Baker Legal Group, LLC, today. Our attorneys are skilled negotiators who work to find an amicable resolution to disputes, but are prepared to aggressively litigate your case in court if necessary. To schedule your consultation, call our office or contact us online.