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When a couple is going through a divorce or civil union dissolution, the family court may order one spouse to pay spousal support, also called alimony. Whether the court orders spousal support payments and how much they are will depend on various factors.
Given relatively recent changes to the law, guidance from a well-informed attorney may be helpful for those dealing with this aspect of divorce. If you are seeking alimony payments or want to learn more about how they are determined, retain a Maplewood spousal support lawyer to represent your interests and work for a favorable resolution in your case.
In New Jersey, the law outlines four separate types of alimony. Each category of spousal support has its own particular requirements, which a knowledgeable local attorney could explain in further detail.
Open duration alimony is only for marriages that have lasted more than 20 years. This type of payment continues for an indefinite time, potentially only ending in the event that one of the spouses remarries, retires, or becomes disabled. A court may award this type of support for long-lasting marriages in which one spouse’s earning capacity is not equal to the other spouse’s income.
If a marriage is shorter than 20 years, any spousal support awarded will likely be for a limited duration. Statutory law in New Jersey dictates that the length of the alimony payments should not be longer than the marriage itself unless there is an exceptional circumstance.
If one spouse is financially dependent upon the other, then the court may order rehabilitative alimony. This type of spousal support is meant to help the dependent spouse gain job skills or the education necessary to prepare them for the job market.
This type of alimony exists to reimburse someone who has paid for their spouse’s higher education expenses under the assumption that he or she would benefit from the spouse’s increased earning capacity once their education was complete.
For all of the above types of alimony, courts in New Jersey will consider various factors when determining the award amount. These factors include:
Given that there are so many factors for the court to consider, it is important that Maplewood resident retains a skilled lawyer to argue for their side in alimony proceedings.
If you are ending your marriage or civil union, you may be wondering whether you will owe or be owed spousal support. There are many complex factors a court will consider when awarding alimony, so you may be better equipped to achieve your desired outcome with support from a Maplewood spousal support lawyer.
Seasoned legal counsel may be crucial in presenting your side of the story to the family court. The diligent attorneys at our firm are well-prepared to walk you through your options and help you pursue the best strategy for your situation. Call us today to schedule a consultation with a trustworthy legal advisor.