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Alimony, also called spousal support, is a financial payment made by one spouse to the other after a divorce. In New Jersey, you may be required to pay alimony if the court determines that your spouse needs financial support to maintain a standard of living comparable to what was established during the marriage. The obligation to pay alimony typically arises when there is a significant disparity in income between spouses or if one spouse was financially dependent on the other.
Factors such as the length of the marriage, the earning capacities of both parties, the age and health of each spouse, and the contributions made by each spouse during the marriage are all considered by the court when deciding whether alimony is necessary. The type and duration of alimony will depend on these factors and the specific circumstances of your divorce.
How Is Alimony Determined in New Jersey?
In New Jersey, alimony is determined based on several factors that the court evaluates to ensure a fair and just outcome:
- Duration of the marriage
- Age and physical health of both parties
- Income and earning capacity of each party
- Standard of living established during the marriage
- Parental responsibilities for children
- Contributions to the marriage, including homemaking
- Education and vocational skills
- Need and ability to pay
- History of financial or non-financial contributions to the family
- Tax consequences of alimony payments
- Equitable distribution of property
- Any other relevant factors
What Are the Different Types of Alimony?
There are different types of alimony in New Jersey, each serving a distinct purpose:
- Open Durational Alimony: This type of alimony is typically awarded in marriages that lasted 20 years or longer. It does not have a set end date, but it can be modified or terminated if circumstances change (e.g., the receiving spouse remarries or either spouse’s financial situation changes significantly).
- Limited Duration Alimony: Awarded when the marriage lasted fewer than 20 years. It is designed to provide support for a set period, allowing the receiving spouse to become financially independent. The duration of this alimony cannot exceed the length of the marriage except in exceptional circumstances.
- Temporary (Pendente Lite) Alimony: This is awarded during the divorce proceedings to provide financial support until the final decree is issued.
- Rehabilitative Alimony: This type of alimony is usually for a limited period and intended to help the recipient spouse become self-sufficient, often through education or job training.
- Reimbursement Alimony: This compensates one spouse for financial contributions to the other spouse’s education or career advancement during the marriage.
Can Alimony Be Modified?
Alimony payments are not always set in stone and can be modified under certain circumstances. If either party’s financial situation significantly changes, such as job loss, disability, or a substantial increase in income, a request for modification can be made to the court. Also, alimony payments may be terminated or reduced if the recipient spouse remarries or cohabitates with another partner.
What Happens If Alimony Is Not Paid?
Failing to pay court-ordered alimony can lead to serious legal consequences when the recipient’s spouse takes steps to enforce the alimony order. This may involve wage garnishment, property liens, or even contempt of court charges. The paying spouse needs to understand their obligations and comply with the court order to avoid these repercussions.
The Skilled Paramus Alimony Lawyers at Torchin Martel Orr LLC Help Clients Manage Alimony
If you have questions about alimony or need assistance with your divorce, the skilled Paramus alimony lawyers at Torchin Martel Orr LLC offer confidential consultations. Call 201-971-4866 or complete our online form to schedule one today. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.