Passaic County NJ Alimony Lawyer
Divorce and Family Law Attorney in Woodland Park, New Jersey
Alimony, or spousal support, is applicable in some, but not all, divorce cases. The purpose of alimony is to provide both spouses with a standard of living similar to that which they enjoyed together during the marriage. The applicability and amount of alimony in a given case is contingent upon a wide variety of factors, including the length of the marriage, each spouse’s responsibilities with regard to child-rearing, contributions that one spouse may have made to the other’s career or educational advancement, and the earning potential of each spouse. In New Jersey, there is no concrete formula for determining alimony, which means that these outcomes are subject to the discretion of the court unless the parties can reach an agreement through negotiation. Whether you are the spouse seeking alimony or the spouse who may be required to make these payments, alimony determinations have long-term financial implications, underscoring the need for a knowledgeable divorce attorney who can help you secure a positive result.
At The Montanari Law Group, our Passaic county divorce attorneys are thoroughly prepared to advocate for your interests through alimony negotiations and trial proceedings in New Jersey Family Court. Over the last decade, we have helped countless clients in Woodland Park, Wayne, Clifton, and throughout Passaic and Essex counties to navigate through the complex process of divorce and achieve their desired outcome. When you come to us with your case, we listen to develop a comprehensive understanding of your situation, answer your questions, address your concerns, and construct a compelling case that supports your position. For a cost-free consultation with one of our highly knowledgeable divorce attorneys, contact our Passaic County offices today at 973-233-4396 or toll-free at 888-877-7985.
Influential Factors for Deciding Alimony Awards in NJ
Alimony is a part of most divorce settlements in New Jersey. Still, unlike some states, it is not determined based on a formula or percentage of the income of the separating parties. To make alimony more equitable, New Jersey’s alimony statute (N.J.S.2A:34-23) provides a list of factors used by the court to justify the amount of alimony to be paid. Both parties submit a detailed financial statement to establish their standard of living, income, and expenses. The length of the marriage is also taken into account. The spouses’ ages and physical and emotional health are evaluated. The court will review each person’s level of education, vocational skills, work experience, potential earnings, and employability. The financial contributions made by each party to maintain the household and the non-monetary offerings, such as putting off promotions or further education to take care of the children or household, are considered. Available additional training or education to re-enter the job market and adequate time to find employment according to the market characteristics can determine alimony. Additionally, income through the equitable distribution of the assets and funds available through individual assets outside of the marriage are scrutinized.
Types Of Alimony in New Jersey
New Jersey delineates among several different types of alimony, each of which may provide the best alternative depending on the situation. In certain cases, more than one type of alimony may be necessary, with one beginning as the other is terminated, or two combined for a specific period of time. The following is an outline of the various types of alimony that may be considered during your New Jersey divorce:
- Open Durational Alimony: This type of alimony was previously known as “permanent alimony,” but was modified to be called “open durational alimony” in the Alimony Reform Act of 2014. This form of alimony does not have a specific termination date; however, it typically ends when the paying spouse reaches full retirement age. Open durational alimony is limited in its scope of applicability and is only awarded in cases in which the parties were married for at least 20 years, unless other exceptional circumstances warrant it. The court can make exceptions in certain cases, considering factors such as the spouse’s age, dependency, chronic illness, career opportunities, and the ability of the spouse to become self-sufficient.
- Limited Duration Alimony: This type of alimony is provided during a specified time frame and is often awarded in cases involving marriages that lasted for less than 20 years. Limited duration alimony allows the receiving spouse to maintain a lifestyle similar to the marital standard of living while he or she works toward financial independence. The period of limited duration alimony will not exceed the duration of the marriage unless other exceptional circumstances warrant it.
- Rehabilitative alimony: Similar to limited duration alimony but slightly more specific, rehabilitative alimony is used to pay for education or training that is necessary for the non-working spouse to re-enter the workforce. It may also be used to cover living expenses while the receiving spouse is pursuing his or her education. When submitting a request for rehabilitative alimony, the petitioning spouse must provide the court with the steps that he or she plans to take (i.e. training or education), the time period, and the type of employment that he or she will hold during the term of rehabilitation.
- Reimbursement alimony: The purpose of reimbursement alimony is to compensate one spouse for contributions that he or she made to the professional training or career advancement of the other spouse. For instance, if one spouse supported the other while he or she pursued a graduate degree or was enrolled in medical or law school, the supporting spouse may be entitled to reimbursement alimony.
- Pendente Lite: Also known as temporary alimony, this type of alimony allows the receiving spouse to maintain the marital standard of living during divorce proceedings. You may submit a request for pendente lite alimony upon filing your complaint for divorce or soon after the process begins, and these alimony payments continue until the divorce is finalized. Often, pendente lite alimony is replaced by another type of alimony, per the terms of the marital settlement agreement or final judgment of divorce.
Compiling Crucial Evidence to Support Your Alimony Case
Each spouse is required to complete a CIS (Case Information Statement), a detailed form containing all of the household’s financial information. This includes salaries, marital assets, all household expenditures, and financial liabilities such as car loans or a mortgage. The CIS is a complex form and should be filled out with the assistance of your divorce attorney to ensure its accuracy.
Impact of Current and Future Earning Capacity on NJ Alimony Payments
In a divorce settlement, the judge considers the standard of living before the separation. Alimony aims to maintain that standard for both parties as closely as possible. Equitable distribution and alimony create a financial balance, and having a higher salary is only one aspect of that decision. The court must determine not only each spouse’s income but also their capacity to earn enough to maintain their standard of living. Housing costs, transportation, medical insurance, utilities, groceries, and other daily expenses increase when there are two households to support. It would be unfair for one spouse to live high on the hog while their former partner can barely keep the lights on. Alimony can provide a financial buffer during the transition to economic independence.
For example, Kelcy and Kerrie were married for 8 years. While Kelcy studied fashion design and opened a shop, Kerrie quit pursuing an engineering degree and worked 3 jobs to support them and the new business. After their 6th anniversary, Kelcy received several opportunities for fashion shows around the globe and began making money hand over fist. When they split 2 years later, the court based its decision for alimony on Kelcy’s income, the lifestyle they had together, the opportunities Kerrie had sacrificed, and the difficulty of returning to school or receiving training to get a job.
Changing Alimony After Divorce: Can You File a Motion to Adjust Payments?
As time passes, jobs, health, and financial circumstances can change. If the supporting spouse needs to reduce payments or the recipient wants their payments increased, a motion for a change in support must be filed. If both parties agree to the change, it can be drawn up, signed, and submitted to the court. If the exes disagree, the party who wants the change in alimony must file a motion with the court. The motion should list how circumstances have changed and that the change is permanent, substantial, and unforeseen.
Some justifications for reducing alimony include diminished income, a bankrupt business or employer, an augmented cost of living, a job loss, health complications that affect earning capacity, retirement, and the alimony recipient’s remarriage. Alimony may also be modified in favor of the recipient if the payor’s income has significantly increased and the recipient can justify a more significant payment.
Ending Alimony when Your Ex-Spouse Remarries in New Jersey
When the alimony recipient remarries or cohabitates with a partner, they are no longer eligible to receive alimony. Alimony payments cannot be reinstated once they have been stopped. This does not, however, include alimony that is in arrears. Those payments must be made regardless of the circumstances. If the payer remarries, their alimony obligation remains. Suppose their financial obligations under the new household make it impossible to pay the existing amount. In that case, a motion for modification can be submitted, and true economic hardship must be proven to obtain financial relief.
Tax Considerations for Alimony Payers and Recipients in NJ
New Jersey’s alimony tax law considers alimony payments tax-deductible, and the funds received through alimony are taxable income.
Contact our Little Falls NJ Alimony Lawyers for a Free Consultation
New Jersey alimony laws are complex and require careful strategizing and attention to detail for a beneficial outcome. No one should be forced to live in squalor because their payments are too high or what they are receiving is insufficient. You deserve to live to the standard to which you are accustomed. Our seasoned attorneys at The Montanari Law Group have years of experience in divorce law. We can guide you through the process one step at a time. Divorce is hard, and you shouldn’t have to make decisions on your own. Let us work for you and protect your rights as you embark on this next step.
We successfully represent clients in Pompton Lakes, Nutley, Haledon, West Milford, Passaic County, and towns across Northern New Jersey. To discuss your case with one of our knowledgeable Passaic County divorce attorneys, contact us at (973)-233-4396 or toll-free at 888-877-7985 for a free initial consultation. We offer flexible appointment options and in-person appointments at our centrally-located office in Little Falls, New Jersey. Our family law firm can answer your alimony and divorce questions today.
