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Spousal support, also commonly known as alimony, involves regular payments from one spouse to the other when they are separating or ending their marriage. The court may order one of them to make payments to help maintain a reasonable standard of living.
It is not automatic and is determined based on the specific circumstances of each case, separate from child support. Contact O’Cathain Law Group Family Law Department to schedule an appointment with a family law attorney on a convenient day and time. A qualified Mahwah spousal support lawyer can review the relevant law and help you through the process.
Permanent or lifetime alimony is no longer a legal option in New Jersey. The law was changed to provide for different types of alimony in accordance with the length of the marriage and the relevant facts of each case. The judge may grant what is called open durational alimony which is to provide ongoing support after a long-term marriage, such as one lasting 20 years or more.
The two categories—rehabilitative and reimbursement support—are for more unique circumstances. Rehabilitative alimony is temporary and designed to support the spouse who receives the payments in gaining education, employment skills, or training within a specific timeframe.
Reimbursement support compensates the spouse for financial contributions to the payor’s education, career, or earnings. A skilled Mahwah spousal support attorney can review each type and answer your specific questions during a consultation.
When the judge decides whether to award support, including the amount and duration of payments, they evaluate specific factors before reaching their decision. The court considers the duration of your marriage or civil union, and the ages, health, and earning capacity of you and your spouse. They also take into account the couple’s standard of living and the likelihood that each could maintain a similar lifestyle after the divorce.
Under New Jersey Revised Statutes § 2A:34-23, the family court judge also reviews each spouse’s contributions to the marriage, financial and non-financial, including career sacrifices made to stay home and raise children. They may also consider parental responsibilities, future employment opportunities, tax consequences, and equitable distribution.
When significant changes occur in finances or other essential factors, you can petition the court for a modification or termination of the order. Changes, including loss of employment, substantial decreases or increases in income, or remarriage, are all possible reasons that could receive the judge’s approval.
When petitioning the court for a modification due to loss of employment, you must wait at least 90 days before filing. A spousal support lawyer in Mahwah can handle the petition and legal work to ensure compliance with all family law regulations.
Divorce is typically stressful and emotional, even when it is a mutual decision. Therefore, working with a diligent and experienced Mahwah spousal support lawyer is essential. They can reassure you, take some of the burden from you, and protect your legal rights and interests.
While alimony is not mandatory and there are various types, New Jersey family laws permit it when deemed appropriate. Please contact the O’Cathain Law Group Family Law Department soon to schedule an appointment and learn more.