Toms River Family Lawyers Handle Alimony Matters for Divorcing Clients
Ocean County firm advocates for appropriate spousal support terms
Whether referred to as alimony or spousal support, the question of whether one party will have to send payments to their ex-spouse after their marriage ends is often one of the most contentious elements of a New Jersey divorce. Rehrer & Rehrer Attorneys at Law offers sound advice and advocacy on alimony issues to residents of Ocean County and other New Jersey communities. If one spouse relied on income from the other during the marriage, we’ll make sure you understand the applicable legal standards and will attempt to reach an agreement that both you and your ex can live with. When that cannot be done, our family law attorneys have a deep familiarity with area courts and will make a persuasive argument on your behalf.
Types of alimony
In New Jersey, there are five types of alimony:
- Temporary alimony provides support during the divorce action, which may include reimbursement for attorney fees and relevant litigation costs.
- Rehabilitative alimony helps a dependent spouse become self-reliant after having relied on their spouse’s income. These payments might end when an ex-spouse has found a job or has completed their education.
- Reimbursement alimony is awarded to the spouse who worked to support the family while the other spouse pursued professional training or career development. This type of alimony could be terminated once the spouse has been compensated appropriately.
- Limited duration alimony lasts for a period designed to give the recipient the chance to become self-sufficient. The timeframe might take into account the expenses that might be associated with a divorce, such as the need to find a new residence or vehicle.
- Open durational alimony is given to a spouse who is seriously ill or who has demonstrated that they will not be able to meet their own economic needs for another reason out of their control. This obligation can be terminated if the recipient remarries or a change in circumstances enables them to earn a suitable income.
Our attorneys examine the facts in your case and advise on the particular type(s) of alimony that might be considered in your case.
How do judges decide on alimony terms in New Jersey?
New Jersey law states that judges can use any information they believe to be relevant when deciding whether alimony should be awarded, and if so, the amount and duration of payments. In addition, the statute (N.J.S.A. 2A:34-23) sets forth 13 factors that must be considered, including:
- Financial need of the party requesting alimony and the other spouse’s ability to pay it
- Duration of the marriage
- Age, health and earning ability of the parties
- Standard of living enjoyed by the couple during the time they were wed
- Parenting responsibilities of the parties
- Effect of equitable distribution result on the parties’ finances
- Financial and non-financial contributions made by each spouse, such as putting one’s career on hold to stay home and take care of the children or supporting a spouse while they received their professional education
The weight that is given to specific factors and other relevant information varies from case to case. You can rely on us to identify what is most important and to develop a persuasive argument in support of the result you seek.
Duration of alimony
There is no formula pinpointing the amount of time that alimony must be paid, but when a couple was wed for less than 20 years, state law prohibits courts from ordering spousal support obligations that last longer than the marriage, except in exceptional circumstances. When awarding rehabilitative alimony, the judge determines a date when the recipient former spouse should have sufficient job skills and experience to support themselves. Some situations call for special circumstances, such as when a husband or wife who relied on their spouse’s income has a serious disability that prevents them from being gainfully employed. When you speak with a divorce attorney at our firm, we’ll examine the facts in your case and give you a well-informed assessment on how a judge might rule on the duration of alimony payments.
Post-judgment alimony issues
Many times, after the entry of a Judgment for Divorce, issues arise with alimony. This can be as a result of the cohabitation by the recipient of alimony or the payor losing his/her job, a reduction in income, retirement or various other reasons. Our firm can address any such issues and provide you will the experience needed to handle post-judgment alimony matters.
Contact an experienced Ocean County attorney to discuss your alimony issue
Rehrer & Rehrer Attorneys at Law in Toms River provides comprehensive divorce representation for South Jersey clients, including counsel on spousal support matters. Please call us at 848-480-1527 or contact us online to make an appointment for a meeting at our Toms River office.
