Alimony Attorney in New Jersey
Finding Fair Solutions to Spousal Support Agreements in Somerset County
During a divorce, the two biggest questions people have are “How
many years will alimony be paid?” and
“How much will be paid?” Whether you have an obligation to pay alimony or are receiving support, these are issues that must be resolved.
If you are going through a divorce or making modifications to an existing divorce agreement, you should consult with one of our experienced spousal support attorneys in Somerville. Our NJ alimony attorney can help you determine spousal support and alimony payments at the time of divorce consistent with New Jersey law. We serve clients inSomerset County, Morris County, Union County, Middlesex County, and Essex County.
How is Alimony Calculated in New Jersey?
There is no hard and fast rule for determining the duration or amount of alimony; NJSA 2A:34-23 sets forth the numerous factors that are taken into consideration when the Court makes an alimony determination:
- The duration of your marriage
- Each party's income
- Child-rearing responsibilities
- Earning potential, etc.
It’s important that you obtain a comprehensive and accurate list of your assets in order to reach a fair alimony arrangement. There are many things that are easy to overlook, but this is where an attorney can help. Our trusted spousal support attorneys in Somerset County can help you review assets and the terms of your divorce, and calculate what a fair spousal support arrangement would look like. Our team is experienced in complex situations, including high-asset divorce situations.
How Long Does Alimony Last?
When determining how long to award alimony, the duration of the marriage is a significant consideration that courts weigh. However, there is no set duration of commitment that immediately causes an alimony requirement under the statute. If they have been together for fewer than 20 years, however, New Jersey law forbids alimony from being charged for more than the duration of the marriage unless there are special conditions, such as the dependent spouse's chronic condition. The new spousal support statute qualifies for “open duration” alimony if the union lasted more than 20 years.
What if You Become Disabled or Lose Your Job?
Depending on the circumstances, unemployment will also minimize the spousal support responsibilities. You'll need to ask the court for a review of the current support order if the payout rate is no longer practicable or equitable due to the lack of employment. You'll still need to prove that a material change of conditions has arisen.
While both of you will be expected to file a formal motion, the court may amend the order after a short hearing at which each of you show approval for the move.
If your spouse does not accept that the loss of work can result in a decrease in spousal benefits, you must reassure the court that the adjustment is fair in terms of the current financial circumstances. The following factors will be considered by the judge:
- If either the work reduction was planned or unintentional. You should not leave your job or behave in a manner that causes you to be fired in an effort to minimize your salary and avoid paying alimony.
- Your present work situation. You will not be able to get your support order changed if you have lost employment but have another that pays equally (or if you are very likely to get a comparable job in a short period of time).
- You have other revenue as well as the financial means to compensate. If you lose your employment, have substantial retirement profits, rental income, or other forms of income, you can still be able to pay the necessary alimony.
Since employment loss will have a huge effect on your situation and spousal support commitments, it's important to consult with an experienced New Jersey alimony lawyer about how your current affairs can affect your support responsibilities.
New Jersey Tax Laws Surrounding Alimony
As of January 1, 2019, alimony law has changed in that the payor is now taxed as opposed to the recipient. This is because the government sees more cash flow from the payor, as they are usually in a higher tax bracket.
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