Alimony

Experienced Expertise in Complex Alimony Cases

Expert Counsel In Matters of Spousal Support & Alimony

Under New Jersey law, the financially dependent spouse may be entitled to financial support referred to as alimony. Resolving alimony can be one of the most difficult aspects of a divorce, as the parties often have differing opinions about the appropriate amount and duration of alimony.

The level of alimony is determined by a number of specific factors as applied to the unique circumstances of each case. Having an experienced, detail-oriented family law attorney is critical to the successful navigation of New Jersey alimony case law and statutes. The Family Law Offices of Megan S. Murray has extensive experience handling high-complexity alimony issues and will work tirelessly to ensure the most favorable resolution of your matter based on the unique facts of your case.

What Types of Alimony Are There?

There are four categories of alimony.

Open Durational Alimony
Outside of exceptional circumstances, open durational alimony can be awarded only in those cases where the parties have been married for 20 years or more. Open durational alimony fixes an amount of alimony without setting a fixed end date. While open durational alimony does not have an automatic end date, it is subject to modification and/or termination based on changed circumstances, including but not limited to, a change in the income stream of either party; a change in employment for either party, and the payor spouse obtaining reasonable retirement age (which is the age when he or she is eligible to receive full social security retirement benefits).
Limited Duration Alimony
In cases where divorcing parties were married less than 20 years, limited duration alimony may be ordered by the court. The duration of limited duration alimony cannot exceed the length of the marriage, absent exceptional circumstances. There is no formula for determining the specific duration of limited duration alimony. Rather, the duration of alimony will be determined based on the specific facts of the case in conjunction with the alimony factors set forth above.
Rehabilitative Alimony
In cases where one party has deferred career goals, stopped working or changed career paths in order to support the career or professional aspirations of the other spouse, rehabilitative alimony may be appropriate. Rehabilitative alimony is designed to provide the dependent spouse a means of additional support to pursue education or retraining to enable that spouse to increase his or her earning capacity and reach the goal of financial independence.
Reimbursement Alimony
Reimbursement alimony serves to reimburse one spouse for financial contributions to the education or career advancement of the other spouse.

ALIMONY & SPOUSAL SUPPORT

How Is the Amount And Duration Of Spousal Support Determined?

In deciding alimony, the court will consider the following 14 statutory factors:

The actual need and ability of the parties to pay;

The duration of the marriage or civil union;

The age, physical and emotional health of the parties;

The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;

The earning capacities, educational levels, vocational skills, and employability of the parties;

The length of absence from the job market of the party seeking maintenance;

The parental responsibilities for the children;

The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;

The history of the financial or non-financial contributions to the marriage or civil union by each party, including contributions to the care and education of the children and interruption of personal careers or educational opportunities;

The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;

The income available to either party through investment of any assets held by that party;

The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;

The nature, amount, and length of pendente lite support paid, if any;

Any other factors which the court may deem relevant.

Let’s Discuss Your Situation

Schedule an Appointment to Learn More about Your Rights and Obligations Regarding Alimony

If alimony may be an issue in your divorce, it’s essential to have an experienced family law attorney represent your financial and legal interests.

Get in touch with us today by calling (732)-847-9896 to schedule an appointment or send us a message with the details of your case.