Are you feeling overwhelmed by the prospect of having to pay alimony? Do you wonder whether your former spouse may owe you alimony after divorce? It can be stressful to face financial changes after ending your marriage. A New Jersey alimony lawyer can help you understand your rights and obligations and work with you to secure your future.
Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., has a century of experience helping clients and families throughout New Jersey to manage complicated legal matters. We take pride in providing personalized attention to every client. Our law practice wants to help minimize your stress and your financial burdens, and we approach each situation as if our own family were involved.
As part of Wilentz, Goldman & Spitzer, P.A., one of New Jersey’s oldest law firms, we have access to substantial legal resources, including approximately 100 attorneys who can help us provide the comprehensive support you need and deserve.
We understand that divorce and alimony are highly sensitive subjects. When you trust Joe with your case, everything you share with us remains confidential. Contact Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., today to set up a consultation and discuss your circumstances with a compassionate New Jersey alimony attorney.
Why You Need a New Jersey Alimony Lawyer
A New Jersey alimony lawyer like Joe can protect your financial future by fighting for you to receive or pay a fair alimony amount. Alimony can significantly impact your financial well-being after divorce. Whether you’re the spouse seeking support or the one who pays alimony, a lawyer can help you understand your rights and negotiate terms that work for you.
Without proper legal guidance, you may face an unfair outcome that could affect your finances for years to come. A skilled attorney will work for the best possible result for your situation based on the alimony requirements in New Jersey.
What Is Alimony and Why Does It Exist?
Alimony, also known as spousal support or spousal maintenance, is financial support that one spouse pays the other after a divorce. Why does alimony exist? Its purpose is to help the lower-earning spouse maintain financial stability after the end of the marriage. Alimony is meant to address economic imbalances between spouses, especially when one spouse may have relied on the other financially during the marriage. As an alimony lawyer in New Jersey, Joe can help you understand how alimony may apply in your situation.
How Does Alimony Work in New Jersey?
When New Jersey courts consider whether to award alimony in a divorce case, they assess various factors to determine whether alimony is appropriate. The amount and duration of payments will vary based on individual circumstances. Both spouses should understand how alimony works so they’re clear on the financial implications of their divorce and prepared to establish a fair arrangement based on their needs.
What Are the New Jersey Alimony Laws?
New Jersey alimony laws guide how courts determine alimony awards and provide clarity on the factors involved. The state recognizes several types of alimony, including open durational, rehabilitative, limited duration, and reimbursement alimony. Each type serves a different purpose based on the circumstances of the marriage and the needs of the spouse.
New Jersey courts consider a variety of factors when determining whether to award alimony to a spouse, including:
- The length of the marriage
- Each spouse’s income and earning capacity
- The standard of living established during the marriage
- The age and physical and emotional health of both spouses
- The equitable distribution of property
- The financial needs and obligations of both parties
Alimony can be modified or terminated based on changes in circumstances, such as a significant change in the recipient’s income, the remarriage of the recipient, or the retirement of the paying spouse.
How Is Alimony Calculated in New Jersey?
There is no strict formula for determining alimony amounts. Instead, courts evaluate a range of considerations unique to each case. They look at the financial circumstances of both spouses and aim for an equitable arrangement that addresses the needs of the lower-earning spouse. Alimony calculations often depend on the relationship dynamics and the couple’s specific situation.
Understanding the general principles guiding the court’s decisions can help both spouses prepare for discussions about financial support during divorce proceedings.
Who Usually Pays Alimony?
Typically, the higher-earning spouse pays alimony to the lower-earning spouse after divorce. However, circumstances can vary, and payment responsibilities depend on the specifics of each case. Both spouses should understand their potential obligations and rights regarding alimony as they work to establish a fair financial arrangement that meets both their needs while considering their post-divorce situations.
Can I Get More Alimony if My Husband Remarries?
If your husband remarries, it does not automatically result in an increase in your alimony payments. In New Jersey, the paying spouse’s new marriage can lead to a reevaluation of alimony, and potentially a modification of the support agreement, but this is not guaranteed. Courts will consider numerous factors before making any changes.
As your New Jersey alimony attorney, Joe can help you understand how your ex’s new marriage may impact your specific situation.
Can Men Get Alimony?
Yes, men can receive alimony in New Jersey. Alimony is not gender-specific; it depends on each spouse’s financial situation and needs. Many men seek alimony, especially if they were the lower-earning spouse or took on primary caregiving responsibilities.
How Long Does Alimony Last in New Jersey?
The duration of alimony in New Jersey varies based on the type awarded and the unique circumstances of each case. The primary types of alimony include:
- Open Durational Alimony – This type of alimony is often awarded after long marriages, and generally lasts indefinitely. Courts grant it when one spouse needs ongoing support to maintain a reasonable standard of living. It may continue until the recipient remarries or if the court finds a substantial change in circumstances.
- Rehabilitative Alimony – Rehabilitative alimony supports a spouse while they acquire the skills or education to become self-sufficient following a marriage in which they focused on their family and household rather than on their career. It typically lasts until the recipient achieves financial independence or completes their training, usually within a few years.
- Limited Duration Alimony – Courts award this type of alimony for a specific period, often reflecting the length of the marriage. It usually lasts for a few months to several years, depending on the situation.
- Reimbursement Alimony – This type of alimony compensates a spouse for contributions made to the other’s education or career advancement during the marriage. The duration can vary based on the amount owed and the specific agreement between the spouses.
Factors affecting the duration of alimony include the length of the marriage, the recipient’s ability to support themselves, and any significant life changes, such as remarriage or changes in income. Courts evaluate these aspects to achieve a fair and equitable outcome for both parties.
Is Termination of Alimony in New Jersey Possible?
Yes, termination of alimony in New Jersey is possible under certain circumstances. Common reasons include the remarriage of the recipient, a significant change in either party’s financial situation, or the recipient’s cohabitation with a new partner. Courts may also terminate alimony if the recipient becomes self-sufficient or if the paying spouse retires and experiences a substantial decrease in income.
Both parties should be aware of the conditions that may result in the termination of alimony.
Is Alimony Taxable in New Jersey?
Following the passage of the Tax Cuts and Jobs Act, alimony payments are no longer taxable for the recipient or deductible for the payer under federal tax law for divorces finalized on January 1, 2019, or later. This change can significantly affect financial planning for both parties.
For divorces finalized prior to 2019, the tax treatment of alimony differs. Under federal tax law, alimony payments made before 2019 were considered taxable income for the recipient and deductible for the payer. This means that recipients had to report the alimony as income on their tax returns, while those making payments could reduce their taxable income by the amount paid.
Ex-spouses who divorced before 2019 may be able to modify their agreements to change the terms and take advantage of the new alimony law.
What Is the Average Alimony Payment?
The average alimony payment in New Jersey varies widely based on the same factors that affect so many other areas of alimony. Typically, alimony payments can range from a few hundred to several thousand dollars per month. Courts assess each case individually, so there is no fixed amount.
Both parties should consider their financial needs and obligations when discussing potential alimony arrangements during divorce negotiations. Your New Jersey alimony lawyer can help you understand how much you may be required to pay or entitled to receive each month.
