Alimony Lawyers Near You in New Jersey
Dealing with the end of a marriage can be unsettling, and a divorce may become even more complicated when issues involving alimony arise. If you’re going through a separation or divorce, our alimony attorneys at Sarno da Costa D’Aniello Maceri Webb LLC can help simplify the process and ensure your rights and interests are protected. Our family law team, led by Angelo Sarno, is dedicated to helping individuals and families settle disputes with compassion and tenacious legal advocacy.
What Is Alimony?
Alimony is financial support that one spouse may be required to pay the other after a separation or divorce. Sometimes known as spousal support, alimony is intended to balance any economic disparity after a divorce, especially when one spouse has been financially dependent on the other during a marriage. While alimony is reserved only for married couples, palimony applies to cohabiting, unmarried partners.
Types of Alimony in New Jersey
The state of New Jersey allows four types of alimony following divorce or terminated domestic partnerships:
- Open durational alimony —This type of spousal support is usually granted when couples have been married for more than 20 years. These alimony payments are meant to compensate the dependent spouse for their economic disadvantage for as long as they are needed.
- Limited duration alimony — In this arrangement, alimony is paid for a set period when economic need has been established but the marriage didn’t last long enough to warrant alimony.
- Rehabilitative alimony — When a spouse works to obtain education or training to become financially independent, they may receive rehabilitative alimony after a divorce. There is no specific time limit set for this type of support – it is provided until the receiving spouse is financially independent.
- Reimbursement alimony — When one spouse supports the other’s education or career advancement, reimbursement alimony may be awarded to compensate for their monetary and non-monetary contributions. For example, if a wife helps her husband pay tuition for higher education or stays home with the children instead of pursuing a career, she may receive this type of spousal support in a one-time payment or for a designated amount of time.
Alimony consists only of monetary payments. No exchange of property or services is allowed. Typically, alimony is permitted only when spouses live separately. Your family law attorney can take a look at your circumstances and determine which type of alimony is most appropriate.
How is Alimony Determined in New Jersey?
Unlike child support, the exact amount of alimony payments is left to the judge’s discretion, rather than using a state-approved formula. New Jersey courts consider many factors when determining alimony arrangements, including:
- The length of the marriage
- Each spouse’s income, earning capacity, education level and employability
- The standard of living established during the marriage
- Each spouse’s physical and mental health
- Contributions made to the marriage, including homemaking and raising children
- Child custody and support
Each situation is unique. Courts may consider additional factors when deciding whether alimony should be awarded, how much it should be, and how long it will last.
Creating an Alimony Agreement
It’s also important to keep in mind that spouses who reach an agreement on alimony through negotiation, mediation or arbitration can include it in their divorce settlement. This can help save time, money, and contentious court battles. It also gives both spouses the ability to decide what type of alimony arrangement works best for them instead of letting a judge decide.
However, for an alimony agreement to be legally binding and enforceable, it must be approved by the court and made part of the final divorce judgment. Our New Jersey alimony attorneys are experienced negotiators and can ensure that your final agreement is fair and legally sound.
Alimony Modification
When circumstances change, an alimony order may be modified or terminated. Common circumstances that may warrant modification include:
- An increase or decrease in the supporting spouse’s income
- Illness, disability, or infirmity
- The receiving spouse remarries or cohabitates with someone else
- An increase in the receiving spouse’s income
- Retirement
- Death
If you need to adjust or terminate alimony payments, your family law attorney can help you petition the court and ensure your interests are protected.
Why Choose Our New Jersey Alimony Lawyers?
Angelo and his team understand that divorce and alimony disputes can be stressful. These matters are often deeply personal and emotional, and we approach every case with the care, compassion, and respect New Jersey families deserve. Our alimony attorneys also provide strong legal advocacy that keeps your best interests at the forefront. Members of our team are certified matrimonial law attorneys with decades of experience negotiating, litigating, and modifying alimony agreements.
Personalized Legal Support You Can Trust
Our family law attorneys provide personalized legal representation tailored to your specific needs and situation. We help you understand your rights and options and provide compassionate legal support as you navigate this major life transition. Our team develops creative legal strategies designed to protect your financial stability and level the playing field when it comes to issues such as alimony, property division, child support, child custody, and other family law matters. Our law firm was selected by peers for inclusion in Best Lawyers® in the fields of Family Law, Family Law Mediation, Mediation, and Arbitration – Plaintiffs.
We know that going through a divorce can be emotionally draining and financially taxing. Our alimony lawyers are dedicated to protecting your rights and helping you move forward with confidence.
Find Experienced Alimony Lawyers Near You in New Jersey
Whether you’re seeking spousal support or defending against an alimony claim, our family law attorneys At Sarno da Costa D’Aniello Maceri Webb LLC are here to guide you every step of the way. To schedule a consultation with an alimony attorney near you in New Jersey, contact us or call 973-274-5200. We offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.
Frequently Asked Questions About Alimony in New Jersey
Will I automatically receive alimony in my divorce?
No. Alimony isn’t automatic. One spouse must request it during a divorce. If spouses can’t agree, the court will determine whether spousal support is appropriate.
Is alimony permanent in New Jersey?
Although open duration alimony may be awarded in cases involving lengthy marriages, most involve limited duration, rehabilitative, or reimbursement alimony with set end dates.
Do I have to go to court to get alimony in New Jersey?
Not always. You and your spouse may negotiate and include it in your divorce settlement agreement. However, the court must still approve it to ensure fairness. Our alimony lawyers are well-versed in the law and know how to draft legally sound agreements.
How long does alimony last in New Jersey?
How long alimony lasts depends on the type of spousal support awarded, the duration of the marriage, and other factors considered by the court.
Do I have to keep paying alimony if I lose my job?
Yes. You must file a motion with the court to have alimony payments modified or terminated. Our family law attorneys can help you take swift action and provide compelling evidence and arguments to the court.
What if my ex-spouse stops paying alimony?
An alimony lawyer can help you file a motion for enforcement with the court. Failing to pay alimony can result in penalties such as fines, wage garnishment, or even jail time.
