Alimony And Spousal Support In New Jersey
During a divorce, it is often the case that alimony and spousal support are a matter of fact, as painful as it is. In New Jersey, Joanna D. Brick Esq .’s law offices have extensive experience in representing individuals going through divorce and alimony or spousal support is needed by either party.
Alimony And Spousal Support
Regardless of your financial situation, our firm is committed to working hard for you in helping resolve an alimony or spousal support case. When all is said and done, our goal is to make sure you are satisfied with the outcome of your case.
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Alimony Is Not One-Sized-Fits-All
What is alimony? Alimony is a monetary sum that one party of a divorce pays to the other in an attempt to make sure that each party’s standard of living is maintained following the divorce. There is no exact formula determining how much spousal support or alimony is provided to a spouse during a divorce. This is one of the reasons that makes going through a divorce painful and stressful. Our firm is available to do the critical thinking, analysis, and answer-seeking for you. Some of the questions that we must ask both parties include what are the incomes of the parties, is there a privately held family business or is one spouse self-employed, what was the duration of the marriage , what were the circumstances of the divorce, the lifestyles of each spouse, age, and the health and education level of each spouse. You might not know what that formula equals, but we can help you determine that ensuring your approval of the conclusion.
Facts About Alimony & Spousal Support
In a New Jersey alimony case, there are different types of alimony include limited duration alimony, permanent alimony and rehabilitative alimony. Limited duration alimony can occur from a shorter term marriage where one spouse must receive temporary alimony until he or she is able to provide for him or herself using education and skill levels. The number of years of alimony to be paid is predicated upon a number of different factors and questions asked during the case. Permanent alimony is usually reserved for longer marriages where one party has a much higher income than the other , which must be offset to provide for the marital lifestyle that the lower-income spouse is also entitled to receive . Lastly, rehabilitative alimony is also a temporary alimony used to support the spouse that is not currently earning any or substantive income until he or she can become self-supporting. This support will be used to either support the party, while he or she seeks education or training to become self-supporting or towards these ongoing educational or training costs.
Change Your Existing Alimony Arrangement
We here at The Law Office of Joanna D. Brick Esq., understand that there are unforeseen circumstances in life. Because of this, your current alimony arrangement may not be suitable for your needs today. Maybe there is a new health issue, loss of employment or an adult child that can no longer support him or herself. Whatever the case may be, remember that our New Jersey law offices offer alimony legal services for updating or changing your existing alimony arrangement. Our reliable, extremely professional attorneys are here for you.
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Contact The
Brick Law Firm
We represent and mediate for clients of all asset levels, including high net worth individuals. To learn more about how we can help you, call the Brick Law, LLC, in Bergen County, New Jersey, at 201-254-0881
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Frequently Asked Questions
Common questions about alimony & spousal support in New Jersey, answered by Brick Law, LLC.
How is alimony calculated in New Jersey?
New Jersey has no alimony formula. Courts weigh the statutory factors in N.J.S.A. 2A:34-23(b), including the length of the marriage, each spouse’s actual need and ability to pay, earning capacity, the standard of living established during the marriage and parental responsibilities. Similar incomes can produce very different awards.
What types of alimony are available in New Jersey?
Four: open durational, limited duration, rehabilitative and reimbursement alimony. Open durational alimony replaced permanent alimony for cases filed after September 2014. Rehabilitative alimony funds a defined plan to return to work; reimbursement alimony repays a spouse who supported the other through education or training.
How long does alimony last in New Jersey?
For a marriage of less than twenty years, alimony generally cannot exceed the length of the marriage, absent exceptional circumstances. Marriages of twenty years or longer may qualify for open durational alimony, which has no fixed end date but remains subject to later modification or termination.
Can alimony be changed after the divorce?
Yes. Either party may seek modification by showing a permanent, substantial change in circumstances under Lepis v. Lepis — job loss, disability, retirement or a significant income change. Alimony ordinarily ends on the recipient’s remarriage or either party’s death, and cohabitation can support termination.
Does reaching retirement age end alimony in New Jersey?
Reaching full retirement age creates a rebuttable presumption that alimony terminates. The recipient may rebut it, and the court weighs the parties’ ages, health, assets and whether the retirement is in good faith. Early retirement is judged under a separate and more demanding standard.
Is alimony taxable in New Jersey?
For divorces finalised after 31 December 2018, alimony is not deductible by the payor and not taxable to the recipient for federal purposes. New Jersey did not follow that federal change, so state treatment differs. Model the combined tax impact before agreeing to any figure.
Have a question that is not answered here? Contact Brick Law, LLC or call (201) 254-0881 to speak with a Bergen County family law attorney.
This information is general and about New Jersey law. It is not legal advice and does not create an attorney-client relationship. Every case turns on its own facts.