Guiding NJ clients through spousal support
When a couple divorces, one party may need continuing financial support. Alimony, formally known as spousal support, is the obligation of the independent party to pay the other for a determinate period after a marriage is over. Alimony is one of the 4 major issues the majority of people will have to address in a divorce. While some couples can come to an agreement and develop an alimony structure that works for them, others may not be so lucky. When a couple cannot come to terms, they may choose to litigate the matter. When this is the case, a judge will take many factors into consideration to come to a decision. Alimony is a complicated matter that deserves the attention of an effective attorney. If you need excellent legal services from a seasoned divorce attorney, contact The Law Offices of George J. Mardinly for a consultation.
A change in New Jersey alimony
Spousal support changed in 2014. New Jersey used to provide permanent alimony for couples that satisfy the requirements. Alimony was never supposed to be a lifetime obligation. In response, the laws changed and replaced permanent alimony with open durational alimony. Including open durational alimony, there are 4 basic types of alimony that the courts will consider.
- Open durational alimony: Deriving from permanent alimony, open durational is applied to couples that have been married for over 20 years. There is no set end date and the obligation can be modified based on changing circumstances, including financial need and the earning potential of both parties.
- Limited durational alimony: Short-term marriages may be awarded limited durational alimony. This structure helps one party become financially independent in a short time, depending on the duration of the marriage, the age of each spouse, and the earning potential of both parties.
- Rehabilitative alimony: Rehabilitative alimony is a short-term alimony obligation that helps a relatively financially dependent spouse reach full stability. When this type of alimony is applied, the obligation will pay for further education and training.
- Reimbursement alimony: This support is saved for when one spouse supported the other in their pursuit of further education or training that advanced their earning potential. This support is to pay back the one party.
Factors that impact alimony
There are many factors that impact alimony, including the duration of the marriage, the need for a party to be supported, the age and health of the party, the standard of living established during the marriage, the earning capacity and education of the parties, and parental responsibilities, to name a few. Other than those main factors, it is important to note that fault grounds will have little to no impact on the alimony awarded. Also important to note is that actions to limit one’s obligation to pay or increase one’s need for support can have adverse effects. For example, if a person becomes purposefully unemployed or underemployed, the court may judge against them.
Contact The Law Offices of George J. Mardinly
If you are getting divorced, it is important to consult with an attorney with significant experience. The Law Offices of George J. Mardinly had over 20 years of experience guiding New Jersey clients through all family law matters. Spousal support is a serious matter that can lead a divorcing couple to litigation. If you are getting divorced and need an attorney that can effectively represent your needs and protect your future, contact The Law Offices of George J. Mardinly for a consultation.