Spousal Support Attorney in Hackensack, New Jersey
Divorces can be complicated. In some situations, the court requires one spouse to provide financial support to the other, even after they are no longer married. This is referred to in New Jersey as spousal support or alimony. This support, in most cases, is temporary until the dependent party can provide for themselves. Regardless of whether the dependent spouse worked to support the family or put their career on hold to raise children, they may need financial support to help them get on their feet after the divorce. If you are facing divorce and need strong legal representation, contact Mark McAuliffe today to schedule a consultation.
Alimony in New Jersey
New Jersey laws regarding spousal support have changed and no longer provide divorcing couples with an option for permanent alimony. Not all couples who are getting divorced in New Jersey even require a spousal support award but those that do will be able to have an award fit their particular situation. Even though permanent alimony no longer exists, there are still four types of alimony that the courts in New Jersey will take into consideration during the divorce:
- Open durational alimony: When open durational alimony is awarded, it is generally granted to those who were married for upwards of twenty years. When the alimony laws changed, this is the option that took the place of the permanent alimony option. Open durational alimony allows for support without setting an end date at the time of the order. If the dependent spouse eventually becomes financially independent, the spouse that makes payments may request that the court terminates the spousal support order.
- Limited duration alimony: A judge will often choose limited duration alimony for marriages that lasted less than 20 years. The judge will determine how long spousal support will be paid at the time the award is ordered.
- Rehabilitative alimony: When a spouse put off their career goals to support the other spouse’s success, they may be awarded rehabilitative alimony. This usually goes to pay for the schooling of the spouse who deferred their career so they can advance their earning potential. This is often reserved for couples who were only married for a short time.
- Reimbursement alimony: Sometimes, one spouse will relinquish meaningful employment so they can pursue additional education. This form of alimony is generally ordered to pay back a spouse who paid for the other spouse’s expenses while they went to school or other training.
What Does the Court Consider in an Alimony Award?
The court must take a variety of factors into consideration when they determine whether an alimony award is necessary. In many cases, spousal support is not awarded simply because both parties are self-sufficient. However, the court will take the following factors into consideration when making a decision regarding whether alimony is necessary and if so, what type:
- The earning capacity of each party
- The duration of the marriage
- The needs of the dependent spouse
- The ability of the independent spouse to provide support
- The standard of living that existed throughout the marriage
- The age and health of each party
Contact a Bergen County Alimony Attorney
If you have questions regarding how spousal support fits into your divorce, it is important to consult with an experienced divorce attorney. Mark McAuliffe has significant experience representing clients as they navigate divorce. Whether you are requesting support or you have been asked to make support payments, it is important to have an attorney on your side. Contact Mark McAuliffe today to schedule a consultation and discuss your case.