Understanding Alimony Laws in New Jersey
One of the most confusing issues involved in divorce is alimony, also known as spousal support. People considering divorce rarely know in advance whether they or their spouses will be entitled to alimony, and the law contains no consistent formula for determining it.
At Townsend, Tomaio & Newmark, L.L.C., in Morristown, our divorce lawyers have the nuanced understanding that is required to properly address the issue of alimony in New Jersey. Contact us to schedule a consultation with one of our experienced attorneys.
Examining the Factors Affecting Spousal Support
Alimony is a regular payment made from one ex-spouse to the other after divorce. While it was originally designed to maintain women after divorce, alimony in New Jersey is now completely gender-neutral.
Alimony is not granted in every divorce case. Whether you or your spouse is required to pay alimony, and if so how much and for how long, is determined based on a number of factors, including but not limited to the following:
- What assets each party brought into the marriage
- What assets each party is taking out of the marriage
- The length of the marriage
- Each party's earning capacity
- The health of each party
- Each party's standard of living and lifestyle during the marriage
Unlike child support, there is no formula for determining alimony. Judges have broad discretion as to how they take the above factors into account, so outcomes vary from county to county and judge to judge.
Experienced Alimony Lawyers on Your Side
Whether you are pursuing alimony payments or your spouse is seeking them from you, you will need an attorney who is familiar with the way alimony laws have historically been applied in New Jersey and is prepared to make a case for your preferred outcome. Our attorneys have significant experience handling rehabilitative limited duration and permanent alimony payments.
Once everyone has a correct understanding of what a potential alimony award would be, a spousal support settlement can often be resolved through informal negotiations or alternative dispute resolution. However, we are also fully prepared for the possibility of litigation over alimony.
Contact us to discuss any questions you may have about alimony. We serve clients in North and Central Jersey, including the counties of Morris, Somerset, Essex, Union, Hunterdon, Bergen, Passaic, Sussex, Warren, Mercer, Middlesex and Monmouth.
