Considerations When Awarding Alimony in NJ
Alimony is not automatically awarded in New Jersey divorce cases. One of the parties must specifically request it. Under New Jersey law, courts must consider specific factors. If a judge places greater importance on certain factors than on others, he or she must explain the reasoning for this in the support order. Alimony can be granted in divorce cases as well as in the termination of a New Jersey civil union.
Factors New Jersey family courts consider in alimony cases
The court must consider all relevant factors, which include:
- The need for alimony and the ability of the parties to pay it while considering the impact of having separate residences and living expenses will have on it
- The length of the marriage or civil union
- The parties’ age, physical health and emotional health
- The standard of living the parties enjoyed during the marriage or civil union
- The earning capacity, education, vocational skills and employability of each party
- The amount of time the party requesting alimony has been out of work
- The parental responsibilities for the parties’ children
- The time and expense that would be necessary to help the requesting party acquire the education or skills to become self-sufficient
- The contributions of each party to the marriage or civil union
- How the property is divided
- The availability of investment income by either party
- The tax treatment and consequences on the parties that an alimony award would have on them
- The nature, amount and duration of any paid pendente lite support
- Any other relevant factor
Why having a lawyer is important when seeking alimony in New Jersey
There are a number of reasons why it is important when seeking alimony in New Jersey or defending against a request for it. New Jersey allows for open durational alimony, which means that alimony can be ordered with no set termination date. An alimony award can impact your rights and financial stability for years to come.
It is important that you have a dedicated advocate on your side who can effectively argue your position. New Jersey family lawyers are knowledgeable about the laws regarding alimony and can argue that certain factors should carry greater weight in the case.
Contact an experienced Freehold divorce lawyer today for reliable legal guidance
Alimony issues in New Jersey are not clear-cut. You may need the assistance of an experienced family law attorney who is familiar with New Jersey’s laws and can argue your position in court. At Lomurro Law, our attorneys will discuss your situation and your needs to determine an appropriate amount of support. We can also defend against requests for support. Contact us today at 732-414-0300 or fill out the online contact form to schedule a confidential consultation with an experienced New Jersey family lawyer.