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Alimony lawyer in Mt. Ephraim, NJ
Alimony and spousal support in New Jersey divorces: requests, responses, settlement terms and later modification, from attorney Danielle Joseph-Key, Esq.
Alimony in New Jersey
Alimony is financial support one spouse pays the other after a divorce. Unlike child support, there is no single formula. The court looks at the factors set out in N.J.S.A. 2A:34-23, including the length of the marriage, the age and health of each spouse, their earning capacities, and the standard of living established during the marriage.
The Legal Assistance Center handles alimony as part of its New Jersey divorce practice, both for spouses seeking support and for spouses asked to pay it.
The types of alimony
- Open durational alimony, generally associated with longer marriages.
- Limited duration alimony, for a set period.
- Rehabilitative alimony, tied to a plan for a spouse to become self-supporting, such as finishing an education.
- Reimbursement alimony, which repays a spouse who supported the other through an education or career advancement.
Changing alimony later
An alimony order can be modified when circumstances change, for example a significant loss of income or retirement. These requests are made through post-judgment motions. If alimony is part of a settlement you are being asked to sign, a settlement agreement review before you sign is worth the time. Alimony is often decided together with child support, and how New Jersey child support is calculated explains that side.
- Alimony in the divorce
Asking for alimony, or responding to a request for it, as part of the divorce and the marital settlement agreement.
- Types and duration
New Jersey law recognizes open durational, limited duration, rehabilitative and reimbursement alimony.
- Modification after judgment
Motions to modify or end alimony after a change in circumstances, such as a job loss or retirement.
FAQ
Alimony lawyer in Mt. Ephraim, NJ questions
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How long does alimony last in New Jersey?
It depends on the type of alimony and the facts. Under N.J.S.A. 2A:34-23, for a marriage or civil union of less than 20 years, the total duration of alimony may not exceed the length of the marriage except in exceptional circumstances.
Is alimony the same as child support?
No. Child support is for the children and is usually set under the Child Support Guidelines. Alimony is support for a spouse, and the court weighs factors in the statute such as the length of the marriage, each spouse's earning capacity and the standard of living during the marriage.
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Alimony and spousal support in New Jersey divorces: requests, responses, settlement terms and later modification, from attorney Danielle Joseph-Key, Esq.