Protect What’s Yours During An Alimony Dispute
Alimony is termed spousal support under New Jersey law, and it refers to the payments one spouse makes to another when a court finds it appropriate in divorce cases. Spousal support may be one of the most hotly contested issues in a divorce case, whether you are the party seeking it or fighting to avoid paying it. To make matters more challenging, state alimony laws are complex when it comes to the factors used to calculate the amount.
At Giro & Associates LLC, our lawyers are committed to assisting clients on both sides of the alimony issue. We have been assisting clients in Bergen County and throughout the surrounding area for decades, and family law is our focus. You can trust our attorneys to protect your interests in a spousal support case, whether in court or negotiating an agreement for alimony.
Types Of Alimony
The intent of alimony is to ensure a balance between parties to a divorce so that each spouse can live in the same relative comfort as he or she did during the marriage. Generally, the lower-earning or financially dependent spouse will receive spousal support from the other. There are four types of alimony under state law:
- Limited duration: This type of spousal support applies to marriages under 20 years in duration and the obligation typically does not exceed a short amount of time, usually as long as it takes the recipient spouse to become self-sufficient.
- Rehabilitative: A court may order one party to provide financial support to the other so that the recipient can attain a higher level of education or training, which will eventually enable him or her to become self-sufficient.
- Ongoing duration: When the marriage lasted 20 years or more, a court may award ongoing duration alimony to the spouse that has unequal current or future earning capacity compared to the other party.
- Reimbursement: In rare cases, reimbursement alimony would be proper where one spouse provided financial and household support while the other pursued an education. The theory is that the party who made such contributions to the marriage should be reimbursed for his or her efforts.
When going through this stage in your divorce, we can help you by determining what type of alimony is best for you and pursuing it. Our goal as your legal representation is to help you through every step of your case to achieve the outcome you deserve.
Factors Used To Determine Spousal Support
There are multiple considerations a court reviews when issuing an order on alimony, including:
- The need and ability of each party to pay
- The age, physical and emotional health of each party, in the context of employability
- Parental responsibilities
- Length of time outside the job market
- Standard of living during the marriage
- Current and future earning capacity
- Many other factors as designated by law
Note that gender is not a consideration, so the common assumption that a husband pays alimony to a wife does not apply.
Begin The Conversation With A Consultation
Because of the complexities of spousal support laws and emotional factors involved with alimony, it is critical to retain skilled lawyers to represent your interests. At Giro & Associates LLC, our legal team is dedicated to delivering the best possible outcome under the law, whether you are the payor or recipient spouse.