New Jersey Alimony Lawyers
Spousal support, also known as alimony, is financial support paid by one spouse to the other after a divorce. It is intended to help the lower-earning spouse maintain a standard of living similar to what they were accustomed to during the marriage.
At Sanvenero & Cittadino Attorneys at Law, we understand that alimony is often a critical issue in divorce proceedings. We work closely with our clients to ensure that their financial needs and goals are met, taking into account the specifics of their case, including factors such as the length of the marriage, earning capacities, and contributions to the household. Our New Jersey alimony lawyers are committed to advocating for fair and equitable outcomes in alimony disputes.
What Are the Different Types of Alimony?
In New Jersey, there are different types of alimony:
- Temporary Alimony (Pendente Lite): Temporary alimony, also known as pendente lite alimony, is awarded during the divorce process before the final divorce decree is issued. This type of alimony helps support the lower-earning spouse while the divorce is pending, covering day-to-day living expenses, legal fees, and other costs. The court determines the amount and duration based on the spouse’s financial needs and the other spouse’s ability to pay.
- Rehabilitative Alimony: Rehabilitative alimony is designed to provide financial support to a spouse for a limited time to help them become self-sufficient. It is typically awarded to a spouse who may need time to gain education or job skills to re-enter the workforce or improve their earning capacity. Rehabilitative alimony has a set duration, ranging from a few months to several years, depending on the spouse’s specific needs.
- Open Durational Alimony: Open durational alimony is a type of alimony awarded in New Jersey when the marriage lasts for 20 years or more. Unlike other forms of alimony, open durational alimony has no fixed end date and may continue indefinitely unless the court determines otherwise. The recipient spouse may request a modification or termination of alimony if there is a significant change in circumstances, such as remarriage or cohabitation. This type of alimony is typically awarded when the court believes that the recipient spouse is unable to achieve financial independence due to factors like age or long-term health issues.
- Limited Duration Alimony: Limited duration alimony is a temporary form of support awarded for a specific period, typically determined based on the length of the marriage. The duration of the alimony award depends on factors like the length of the marriage and the recipient spouse’s needs. This type of alimony is intended to provide support for a set period, allowing the recipient spouse to adjust to their new financial situation after divorce. Once the term ends, the obligation to pay alimony terminates unless the recipient spouse can prove a continued need.
- Reimbursement Alimony: Reimbursement alimony is designed to compensate a spouse for contributions made during the marriage that allowed the other spouse to achieve financial success. For example, if one spouse supported the other while they pursued education or professional training, the court may award reimbursement alimony to acknowledge these contributions. This type of alimony is typically for a specific amount of time. It is often awarded in cases where one spouse significantly contributed to the other’s career advancement or educational pursuits.
While not a form of alimony in the traditional sense, palimony is a concept that applies to unmarried couples who separate after living together for an extended period. It is similar to alimony but applies to non-marital relationships.
In New Jersey, palimony is typically awarded through a civil suit. The court will consider factors such as the length of the relationship, the financial dependence of one partner on the other, and any promises or agreements made by either party.
How Is Alimony Calculated in New Jersey?
Alimony calculations are based on several factors and the specific circumstances of each case, including but not limited to:
- Marriage Length: Longer marriages typically result in longer or higher alimony payments.
- Self-Sufficiency: The needs and ability of both spouses to support themselves.
- Marital Standard of Living: Alimony is intended to help the lower-earning spouse maintain a similar standard of living as before divorce.
- Spouses’ Age and Health: Both parties’ physical and mental condition and work capacity.
- Financial Contributions: Each spouse’s contributions to the marriage, such as homemaking or supporting the other spouse’s career.
Any other factors the court deems relevant.
Can Alimony Be Modified?
Alimony can be modified if there is a significant change in circumstances for either spouse, such as:
- Change in Income: A substantial increase or decrease in either party’s income, such as losing a job or a significant salary increase.
- Remarriage or Cohabitation: Alimony can be reduced or terminated if the recipient spouse remarries or begins cohabiting with a new partner.
- Health Issues: Either spouse experiences significant health problems impacting their ability to work or support themselves.
- Retirement: Reduced alimony payments if the paying spouse retires and their income decreases, along with factors such as age, health, and ability to gain new employment.
- Change in Needs: Decreases in the recipient spouse’s financial standing, such as an increased earning capacity or circumstantial changes.
Modifications to alimony or palimony agreements are not automatic, and the court can determine whether a change is warranted.
How Can a Lawyer Help With Alimony?
An experienced lawyer can be extremely helpful in navigating the complexities of alimony. Our knowledgeable New Jersey alimony lawyers at Sanvenero & Cittadino Attorneys at Law can help in the following ways:
- Assess eligibility for alimony.
- Explain factors considered for calculating allotments.
- Modify existing orders. Represent you in hearings.
- Enforce payments if the other party fails to comply with an alimony order.
- Negotiate fair settlement terms
- Protect your legal rights and best interests.
- Represent you in court, if necessary.
Working with an experienced lawyer can help you navigate the legal complexities of alimony, whether seeking support, modifying an order, or ensuring that your rights are upheld.
The New Jersey Alimony Lawyers at Sanvenero & Cittadino Attorneys at Law Help Clients Establish Fair Agreements
Spousal support is one of the most hotly contested issues during divorce and requires a skilled lawyer. If you need representation regarding spousal support, contact the New Jersey alimony lawyers at Sanvenero & Cittadino Attorneys at Law at 732-743-9665 or contact us online to schedule a free consultation. Located in Red Bank, New Jersey, we serve clients in Monmouth County, Middlesex County, and Ocean County.