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Spousal support, often referred to as “alimony,” is one of the most contentious parts of the divorce process in New Jersey. This is especially true if the divorcing parties were married for an extended period of time prior to the Complaint for Divorce. No matter the duration of your marriage or the income disparity between you and your spouse, having your questions related to future obligations answered by our diligent family law attorneys can provide you with guidance to your potential obligation or spousal support award.
One of our West Caldwell spousal support lawyers could provide the custom-tailored guidance you need to effectively advocate for an equitable award. An attorney can also help seek a modification to an existing spousal support obligation, if the existing terms are no longer appropriate for your current circumstances or if you are entitled to a modification pursuant to standing case law
Current New Jersey law allows courts to establish three (3) major types of spousal support, each of which is meant for a different type of situation. An alimony attorney in West Caldwell can explain all these options in further detail and offer clarity about which type of spousal support might be appropriate for a particular individual during a confidential consultation.
The term “pendente lite” means “awaiting litigation” in Latin, and this type of alimony is, accordingly, temporary. If appropriate fiving the facts of each case, a court may award this while a divorce is ongoing. Pendente lite alimony is meant to ensure that all parties in a divorce can cover basic living expenses until the divorce is finalized, at which point the final divorce decree may or may not include a different form of alimony.
Open durational alimony is the modern replacement for permanent alimony, and it is only available for individuals who divorce their spouse after twenty (20) years or more of marriage. This length of open durational alimony is determined by the court upon consideration of numerous factors and the financial circumstances of each individual case.
As the name suggests, limited durational alimony has an effective date and a termination date. The length of limited durational alimony is determined by the length of the marriage. The court will take a percentage of the length of the marriage, and the percentage utilized it also determined by the length of the marriage.
Regardless of whether a spousal support obligation has a specified termination date or not, a spousal support award generally terminate automatically if the receiving party remarries, as per New Jersey Revised Statutes §2A:34-25. Additionally, the death of either party terminates the spousal support obligation, although any arrearages dating back to before the relevant date of death would not be vacated.
If an involuntary, significant change in circumstances leads to an spousal support obligation becoming untenable for either or both parties, it is possible to petition the court individually or jointly for a modification to the original spousal support obligation. A spousal support attorney in West Caldwell can provide crucial guidance and assistance with understanding motion practice and termination of spousal support.
Different marriages and relationships may justify different spousal support obligations. Knowing what your unique circumstances could mean for your future financial obligations can be difficult without counsel from a legal professional who has helped with many similar cases effectively in the past.
A consultation with one of our West Caldwell spousal support could provide the clarification you need to proactively enforce your rights. Schedule a meeting by calling today.