Undergoing a divorce in NJ can be a traumatic, devastating event, shattering the comfort and stability of the life that you have been living. The process itself can be emotional, but the aftermath can be truly terrifying. Many divorcing couples are faced with the prospect of a life lacking any significant source of income – at the very least, lacking the level of financial security they were accustomed to during the marriage.
New Jersey’s alimony system is set up to partially relieve this financial uncertainty of the dependent spouse in the case of divorce. Ideally, spousal support payments will be set up for a designated level of time, upholding the same standard of living to which that spouse experienced during the marriage. Whether you are a stay-at-home parent, out of the workforce for a while, or you are the major income source in the family, having a qualified NJ alimony lawyer on your side will make a huge impact on your future. Ensure that you are incapable of hands by calling on the Ocean and Monmouth County family law attorneys at Villani & DeLuca.
Experienced Divorce Attorneys Working Hard for You
Partner Vincent DeLuca, a dedicated New Jersey family law attorney, is seasoned in divorce, alimony, child custody and support, collaborative divorce and mediation. He is also a Superior Court-certified NJ Matrimony Attorney, one of less than .002% (as of last count). This designation is awarded to NJ attorneys that have established their extensive experience, education, knowledge and skill in matrimonial practice.
Mr. DeLuca is a hard-working, compassionate and determined family law attorney, dedicated to serving the best interests of his clients. He will work hard to make sure that you either get the alimony payments that you deserve – or to ensure that you are not burdened with making unfairly large payments to your ex-spouse. If you have questions about your divorce or potential alimony settlement, don’t hesitate to contact the legal divorce professionals at Villani & DeLuca, P.C. for a free consultation.
Types of Alimony Payments in NJ
There are several types of alimony payments in the state of New Jersey. Each payment type varies in duration and amount, based on the reason behind the payment, length of marriage and differing circumstances particular to each marriage.
Reimbursement alimony is a direct acknowledgement of any payments that a spouse has made during the marriage for an expense incurred by the spouse. A typical example of this type of spousal support includes education and tuition payments made by the working spouse for a spouse pursuing a degree or certificate. The length of time between expense and dissolution of marriage will determine whether or not reimbursement alimony will be granted.
Rehabilitative alimony is designed to help one spouse be able to support themselves and become self-sufficient following a divorce. The amount and duration of rehabilitative spousal support is specific to each divorce and its individual circumstances.
Limited Duration Alimony
This type of alimony is applied during the dissolution of relatively short-term marriages in order to maintain the dependent spouse’s standard of living. There is no definition for “short-term”, with the power of determining what qualifies left to the courts.
Open Duration Alimony
Recent changes in New Jersey alimony law have changed the formerly Permanent Duration Alimony payments into Open Duration Alimony. Generally applied to intermediate to long-term marriages, the new open duration alimony allows for several changes, including a potentially shorter duration, flexibility on payment amounts during periods of unemployment, and most importantly, alimony payments will be able to cease upon retirement. Speak with a licensed NJ alimony attorney for the most up-to-date information on open duration alimony.
Determining Factors for Alimony
Several main factors affect the amount and duration of alimony payments in an NJ divorce action. For a complete understanding of how alimony is determined, consult with an experienced NJ alimony lawyer. Some of these factors include:
- Need and ability of the parties to pay
- Duration of the marriage or civil union
- Age, physical and emotional health, earning capacities, educational levels, vocational skills, and employability of the parties
- Standard of living established in the marriage and likelihood of maintaining a reasonably comparable standard of living
- Length of absence from the job market of the party seeking maintenance
- Parental responsibilities for the children
- Time, availability and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment
- Financial or non-financial contributions by each party, including interruption of personal careers or educational opportunities in order to care for and educate children
- Distribution of property, investments and future income as ordered, along with taxation consequences resulting from alimony
- Other factors which the court may deem relevant.
All Your Divorce and Alimony Concerns Answered, 24/7
Before making any rash decisions regarding your impending divorce, consult with the experienced New Jersey family law and alimony attorneys at Villani & DeLuca, P.C. Schedule a free consultation to discuss your individual case, possible spousal support or alimony concerns, custody issues and division of assets. Available night and day, call 732-965-3350 to speak with a qualified divorce lawyer today.