Freehold, New Jersey, Divorce Lawyers Provide Guidance On Alimony
Alimony refers to payments that one spouse makes to another after a divorce. Alimony attempts to limit unfair economic advantages that one spouse may have over the other. Alimony payments are a source of income for a spouse who either did not earn wages or earned lower wages than the other spouse during the marriage. At Lomurro Law, our New Jersey divorce attorneys are experienced in alimony matters. Whether you are seeking alimony for yourself or are arguing against it for your spouse, our attorneys present compelling arguments on your behalf.
What Factors Does A Judge Consider In An Alimony Decision In New Jersey?
Judges must consider numerous factors when making a decision on alimony. These factors are:
- The need and ability of the parties to pay
- The duration of the marriage
- The age and health of the parties
- The standard of living established during the marriage
- The earning capacities and education levels of the parties
- The length of absence from the job market of the spouse seeking alimony
- The parental responsibilities for the children
- The time and expense necessary to acquire additional education or training to secure employment
- Each spouse’s contributions to the marriage
- The equitable distribution of any property ordered
- The income available to a spouse through investment of assets held by that spouse
- Tax consequences
- The nature, amount, and length of any temporary support that has been paid
- Any other factors the court deems relevant.
Each marriage is unique, and, of course, each divorce is unique. Therefore, New Jersey allows judges to consider any other factors in addition to the specific ones listed above when making a decision on alimony.
How Long Does Alimony Last In New Jersey?
New Jersey previously allowed permanent alimony awards. Permanent alimony could continue until the death of the party receiving it, which often meant decades of payments. Due to recent changes in New Jersey law, permanent alimony is no longer available.
New Jersey law now provides that if a marriage lasted less than 20 years, then alimony may not exceed the length of the marriage. Under exceptional circumstances, a judge may award alimony for a length of time that exceeds the marriage.
Exceptional circumstances the judge may examine when determining the length of the alimony include:
- The age of the parties at the time of the marriage and the alimony award
- The dependency of one spouse on the other during the marriage
- Whether a spouse had a chronic illness or other unusual circumstance during the marriage
- Whether a spouse gave up a career or some other opportunity, or supported the career of the other spouse
- Whether a spouse received a disproportionate share of the equitable distribution of the marital estate
- The impact of the marriage on a party’s ability to be self-supporting, including a party’s status as primary caretaker of the children
- Tax implications
- Other factors the court deems relevant
Clearly, alimony is not a black and white issue.
Call Today to Set Up Your Consultation With Our Freehold, New Jersey, Alimony Attorneys
If you have questions or concerns about alimony, call Lomurro Law to set up a consultation. Our New Jersey divorce attorneys are excellent negotiators and possess strong trial advocacy skills. Call 732-482-9285 or contact us online.