Alimony/Spousal Support

David M. Wildstein: An Advocate for Justice

Alimony is a significant consideration in many New Jersey divorces. Sometimes called spousal support, this agreement or court order is paid by one spouse to the other so both parties can live somewhat equally until they reach self-sufficiency. While this sounds like a fair arrangement, calculating alimony is anything but simple.

Family Attorney David M. Wildstein is an experienced negotiator who can help you reach fair and equitable alimony agreements to establish your well-being for the future. If you seek alimony or believe you will be ordered to pay it, Mr. Wildstein can help.

Calculating New Jersey Alimony

There are no set guidelines or tables for calculating alimony in a New Jersey divorce. Creating a spousal support agreement is all about negotiation. Its primary aim is to enable both parties to uphold a standard of living similar to that experienced during the marriage. However, not all divorces in New Jersey result in the awarding of alimony. If both spouses are employed and possess comparable incomes, the court will unlikely deem alimony necessary. Typically, spousal support is reserved for cases where one spouse has a significantly higher income or earning potential than the other.

If the parties cannot reach an agreement the court will determine the amount and duration of alimony based on New Jersey law and the factors set forth below. :

Age
The length of the marriage
The degree of dependency of one party on the other
The established marital standard of living
Whether one spouse or partner has a chronic illness or unusual health condition
Whether a spouse or partner has given up a career or career opportunity and supported the career of the other
Marital asset/debt divisions
Both spouses’ ability to become self-supportive
Area cost of living
Parenting responsibilities
Childcare agreements
Tax considerations
Other relevant factors

Considering these and other factors is extremely complex. For example… Your marital home was in Somerset County, and you are the one who will be paying alimony. If your spouse chooses to live elseware after the divorce to be near family, should the alimony be based in the former location or where your spouse decides to reside even though it will be more expensive?

This is why you need a NJ Spousal Support Lawyer like David Wildstein to help you reach the best arrangement.

Types of Spousal Support Arrangements

In general, alimony is usually temporary. However, permanent alimony may be possible if a marriage has lasted for over 20 years. For marriages lasting less than twenty years, New Jersey law restricts the duration of alimony to the length of the marriage, unless special circumstances exist such as a permanent disability of a spouse that may require special care. Temporary support can allow the lower-earning spouse to achieve financial independence. In some cases the court can provide rehabilitative alimony that will enable a dependant spouse to obtain training to become self sufficient. By way of negotiations a party can receive additional assets in a lump sum in consideration of waving alimony. Alimony may be permanent, which means it will continue until there is a change in circumstances including the death of either party, remarriage of the recipient of the alimony and the retirement of the payor of the alimony.

Open Durational Alimony

Open durational alimony is a type of alimony that does not have a specific end date set at the time it is awarded. It is usually awarded in longer-term marriages of 20 years or more, where there is little chance that a dependent spouse would be able to maintain the standard of living of the marriage in the future. This type of alimony is often awarded in cases where one spouse has been a full-time parent and homemaker for many years or if both spouses work and one earns significantly more than the other.

Limited Duration Alimony

Limited duration support payments are payments for a fixed duration of time often suitable for marriages of shorter duration (less than 20 years) and when there is a likelihood that the spouse receiving support will become financially independent enough to maintain the standard of living established during the marriage.

Rehabilitative Alimony

Rehabilitative support is provided for a specific period and is contingent upon a plan for the recipient spouse to achieve financial independence. This plan may involve pursuing education, such as obtaining a high school, college, or post-graduate degree, undergoing vocational or technical training, or even starting a business. The aim is to offer support to a spouse who is unable to maintain the marital standard of living while working towards self-sufficiency.

Reimbursement Alimony

Reimbursement alimony in New Jersey may be granted when one spouse supported the other through advanced education, with the expectation of sharing that education’s future financial benefits. This type of support may be appropriate in cases where one partner worked to support the other through law, medical, or business school.

Negotiate a Fair New Jersey Alimony Agreement

New Jersey Divorce Lawyer David Wildstein prioritizes his client’s best interests in every alimony agreement. As no two divorces are alike, every spousal support arrangement must be customized to meet unique factors. The complexities and possible roadblocks are numerous, so you need a wise negotiator and litigator in your corner.

Don’t gamble with your future as you make a new beginning after divorce. Contact David M. Wildstein in Woodbridge or Red Bank and schedule a consultation to discuss alimony negotiations and other aspects of your New Jersey divorce.