New Jersey law holds that, based upon need, an ex-spouse may be required to pay alimony or spousal support. In New Jersey, alimony may be awarded to limit any economic effects of the divorce that are unsustainable for the spouse who earns lower wages or none at all. The duration of alimony would not exceed the length of the marriage and is decided on a case-by-case basis.
According to the 2014 New Jersey Revised Statutes Section 2A: 34-23, there are fourteen factors that determine judgment of alimony awarded in a divorce hearing:
Upon reaching an alimony settlement, there are numerous ways in which alimony can be paid, including a one-time buyout in lieu of ongoing payments, agreed upon by the recipient of the alimony; as well as property holdings in exchange for alimony payments.
After a court awards alimony to a spouse, it is sometimes the case that the partner ordered to pay alimony experiences an injury or disability that renders them unable to work. Now with limited income, they are unable to pay the ordered alimony determined after divorce. In order to qualify for this judgment, the disabled partner and their attorney need to demonstrate to the New Jersey Superior Court, Family Part, the following conditions of their status:
New Jersey divorce law holds that, in the presence of evidence that a party no longer has the financial capacity to pay alimony to their ex-spouse, a reduction or termination of the court-ordered alimony is feasible.
In 2014, Governor Chris Christie signed the New Jersey Alimony Reform Act and, as part of the reform, made it easier to obtain reductions or terminations of alimony.
If you are under a court order to pay alimony, and you have undergone an injury or disability that restricts your capacity to pay, contact our law offices today. An experienced member of our team will guide you through the next steps in appealing to the New Jersey Superior Court, Family Part, for a reduction or termination of your alimony obligations.
If you are currently facing a family law issue or alimony doubts or questions, the Passaic County NJ family lawyers of The Montanari Law Group will provide you with an honest assessment of your case and answer all of your questions. With knowledge at your disposal, you can make the most informed, confident decisions for your future and that of your family. Simply call 973.233.4396 to receive your cost-free consultation or visit our website.
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