Livingston Spousal Support Lawyer

Every spouse provides for the other during a marriage, but not all spouses do so financially. You may have given up your livelihood to raise children or worked tirelessly to help a domestic partner establish a business. Whether you added funds or household assistance to your marriage, you may be eligible to request spousal maintenance to help you start over after a divorce.

A Livingston spousal support lawyer could discuss the types, amount, and duration of standard alimony awards in New Jersey. Do not give up your right to compensation or bind yourself to excessive alimony payments without speaking to a dedicated family attorney.

Types of Alimony Available in Livingston

Following separation and divorce, the lower-income partner may qualify for spousal maintenance in New Jersey. However, divorce does not guarantee alimony, and financially dependent spouses should consider retaining a local attorney to negotiate a spousal support award. Spouses might claim one of the following types of alimony recognized in the state:

  • Rehabilitative – Short-term or one-time award designed to help lower-income spouses obtain a degree or successfully re-establish themselves in the workforce.
  • Open Durational – A lawyer could assist stay-at-home parents or couples divorcing after a lengthy marriage recover this traditional type of spousal maintenance that could continue until retirement age.
  • Limited Durational – For shorter marriages, courts may award alimony for a few years to help younger spouses restart.
  • Reimbursement – Spouses might recover a lump sum award for investing in a partner’s businesses or career.

Most spousal maintenance awards do not overlap, and only one party typically receives financial support. An attorney should help divorcing partners determine which category of alimony best suits their personal, financial, and familial situations.

Factors Considered When Calculating Spousal Support Awards

Family courts consider a complex set of statutory factors when determining the type and amount of an alimony award an individual may receive. A lawyer in Livingston could help either partner determine the availability and amount of spousal support in their case based on the criteria outlined in New Jersey General Statute § 2A:34-23. Some of the criteria may include:

  • The length of the marriage or legal partnership
  • The extent of each partner’s financial and nonfinancial contributions to the marriage, including child-rearing, interruptions to personal careers, and investments
  • The parties financial needs, including their income, assets, and liabilities
  • Parental responsibilities
  • The standard of living during the marriage
  • The age and health of each party
  • The earning capacity, education, skills, and overall employability of the requesting party
  • Any post-divorce equitable distribution awards

Family courts primarily consider the length of the marriage, childcare responsibilities, and spouses’ employment history in awarding alimony. A homemaker left after a 20-year marriage may qualify for open duration support, while a spouse working part-time may claim rehabilitative alimony while looking for fulltime employment.

Modifying and Adjusting Alimony Orders in New Jersey

With an attorney’s assistance, an individual may request a family court to adjust the amount and duration of a spousal support award in certain exceptional circumstances. Special situations may warrant modification include the degree of dependence between the parties, whether one spouse gave up a career, the presence of a chronic illness, and any disproportionate property distribution awards. For example, one spouse might not owe long-term spousal maintenance to another spouse who received the marital home and half of all liquid assets. New Jersey courts may not modify reimbursement alimony, so parties should carefully consider their options when claiming spousal maintenance.

Connect with an Experienced Livingston Spousal Support Attorney

New Jersey provides divorcing spouses with various options for obtaining necessary financial support. Whether you need assistance requesting alimony or you need help seeking a fair financial obligation, our Livingston spousal support lawyers are here to help. To schedule your initial case consultation, call our team today.

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