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Spousal Support
Spousal support, commonly
referred to as alimony or
maintenance, is often the
most difficult issue to be
resolved in a divorce
because it deals directly
with the ongoing lifestyles
of both parties. Alimony is
payment made by one party to
the other after the divorce,
either by court order or by
mutual agreement.
In
the state of New Jersey,
there are four types of
spousal support / alimony:
-
Permanent
alimony is an allowance
for support and
maintenance (such as
food, clothing, housing,
and other necessities)
of a spouse. When a
person requests
permanent alimony, they
must establish that they
have a need for support
and that their spouse
has sufficient means and
ability to provide for
part or all of that
need. As its name
indicates, permanent
alimony is permanent in
nature and remains in
effect indefinitely or
until a change in
circumstances warrants a
review of the situation.
For example, remarriage
of the payee spouse will
terminate the payor
spouse's alimony
obligation.
-
Reimbursement
alimony may be
awarded under
circumstances in which
one party supported the
other through an
advanced education,
anticipating
participation in the
fruits of the earning
capacity generated by
that education.
-
Rehabilitative
alimony is designed to
provide the means
necessary to enable a
spouse to refresh or
enhance job skills
necessary to become
self-sufficient by
providing financial
support while the spouse
is obtaining necessary
training. This is
perhaps the most common
form of alimony and is
also temporary in
nature.
-
Limited duration
alimony is alimony
awarded for a set period
of time. Limited
duration alimony can be
modified based upon a
change in circumstances.
However, a court can
only modify the amount
of the limited duration
alimony award. It cannot
modify the length of the
term except in unusual
circumstances. As with
permanent alimony,
remarriage of the payee
spouse will terminate
the payor spouse's
alimony obligation.
In New Jersey, there are
13 elements that are
considered by family courts
when considering whether to
grant alimony. They
are:
- The actual need and
ability of the parties
to pay.
- The duration of the
marriage.
- The age, physical,
and emotional health of
the parties.
- The standard of
living established
during the marriage and
the likelihood that each
party can maintain a
reasonable comparable
standard of living.
- The parties' earning
capability, education,
and employability.
- The length of
absence from the job
market.
- Parental
responsibilities for the
children.
- The time and expense
needed to acquire
education or training to
enable a dependent
spouse to obtain
appropriate employment.
- The financial and
non-financial
contributions of each
spouse to the marriage.
- Equitable
distribution.
- Income available and
non-financial
contributions of each
spouse to the marriage.
- The tax consequences
of alimony.
- Any other factor
which the court deems
relevant.
Divorce can be a long and
trying process. It helps to
have the guidance and
knowledge of a seasoned
attorney to ensure that your
rights are protected. If
spousal support matters have
you concerned about your
financial future, contact
The Law Offices of
Brian D. Iton today.
Together, we will analyze
your situation, discuss your
options, and begin planning
a strategy aimed at
placing you in the strongest
possible position.
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