Morristown Alimony Lawyer
Alimony is a regular payment awarded to a spouse (husband or wife) to assist that spouse in maintaining the marital lifestyle after divorce, where that spouse was the economically dependent spouse during the marriage. Alimony awards are usually confined to those cases where the marital assets and division are insufficient to allow the parties to maintain the marital lifestyle without the assistance of an alimony award. Mr. Grather has wide-ranging experience in the field of alimony and defending against claims for alimony.
Various Forms of Alimony (Spousal Support)
Spousal support in New Jersey comes if four forms: Permanent Alimony, Rehabilitative Alimony, Limited Duration Alimony, and Reimbursement Alimony. When making a determination regarding alimony, the court is required to consider certain statutory factors including:
- The parties' actual need and ability to pay;
- The duration of the marriage or civil union;
- The age and physical and emotional health of the parties;
- The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living;
- The earning capacities, educational levels, vocational skills, and employability of the parties;
- The length of absence from the job market of the party seeking maintenance;
- The parental responsibilities for the children;
- The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
- The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
- The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just, and fair;
- The income available to either party through investment of any assets held by that party;
- The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
- Any other factors which the court may deem relevant.
If you are concerned about whether you are entitled to alimony, contact Frank Grather to arrange a consultation.
|
