Alimony, often also referred to as “spousal support," is awarded in divorce actions to enable a former spouse who was supported during the marriage to maintain the standard of living that he or she had become accustomed to during the marriage. It is a legal right arising out of the marital relationship
New Jersey law identifies the common situations that justify alimony payments and addresses them with the following four types of alimony:
At first glance, it might appear that the New Jersey alimony laws might place unreasonable limitations on the ability of an individual to maintain reasonable living standards over the short- or long-term following divorce. However, this is not the case. With the help of a skilled alimony lawyer, it is possible to combine more than one type of alimony in a divorce settlement. For example, the courts may grant reimbursement alimony to one party while also granting rehabilitative or even open durational alimony to provide that party with the funds needed to enhance their skills for employment.
Additionally, there is no law that states that the parties of divorce cannot negotiate their own alimony terms, even if they do not strictly follow the definitions within the law.
Unlike child support, there are no specific alimony calculators or guidelines to determine the amount or duration of alimony. A Denville alimony lawyer at Riordan & Associates, LLC can, however, assist you in determining a fair alimony result based on many years of experience and knowledge of the latest developments in the law. Contact us at (973) 577-4118.
Since alimony merely defines the present obligation of the former spouse, an alimony award is always subject to review and modification upon a showing of a permanent change in circumstances. The party seeking modification must demonstrate that changed circumstances have resulted in the paying spouse’s ability to support themselves at a level similar to what was enjoyed during the marriage.
While a modification of alimony is most often for a decrease, it may also be for an increase in certain circumstances. Moreover, a decrease can also be triggered by a change in the payee’s situation, such as more lucrative employment or an inheritance. Upon reviewing an application for a modification of alimony, a court will examine the paying spouse’s current financial situation if relevant to the inquiry, and make a determination as to whether the change of circumstance is temporary, voluntary, and / or in bad faith.
At Riordan & Associates, LLC, the nuances of an appropriate level of alimony are quite familiar to our attorneys. Our experience will guide you in determining whether there are grounds to suspend, modify, or even terminate alimony based on new circumstances.
Receive additional information about your case when you contact Riordan & Associates, LLC at (973) 577-4118. We can arrange a private consultation for you with a trusted and knowledgeable attorney.