Alimony Lawyer in Red Bank, NJ
Fighting For You
Alimony, also known as spousal support, is a difficult issue in any divorce and often one of the most combative areas of a divorce. Whether you will be paying or receiving alimony, your primary concern is to be able to afford to live well after your divorce. When you are going through a divorce, it is important for you to understand how alimony is determined in the State of New Jersey, especially given that the alimony statute was substantially revised in September 2014.
The primary purpose of alimony in New Jersey is to enable the supported spouse to continue to maintain the standard of living that the parties enjoyed during the marriage. However, it is important to remember that two households will now be running on the same amount of money that was once used to run one. As such, many people find themselves having to look for new employment or an adjusted quality of life as a result of a divorce. Our lawyers can represent you throughout your divorce proceedings to ensure a fair alimony agreement is drafted.
Practice Areas
There is no set formula for determining how much alimony a person will pay or receive. Instead, the Court will consider any agreement by the parties, the particular facts of the case, case law, and the statutory alimony factors under N.J.S.A. 2A:34-23(b) as follows:
- The actual need and ability of the parties to pay.
- The duration of the marriage.
- The parties’ age, physical and emotional health.
- The standard of living established in the marriage and the likelihood that each party can maintain a reasonable comparable standard of living.
- The earning capabilities, 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, and the opportunity for future acquisitions of capital assets and income.
- The history of the financial or non-financial contributions to the marriage 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 and 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 of any alimony award including the designation of all or a portion of the payments as a non-taxable payment.
Forms of Alimony Available in New Jersey:
Depending on the facts of your specific case, alimony payments can be for a specific period of time, which is knowns as Limited Duration Alimony. This is generally available for marriages lasting less than 20 years. For marriages lasting 20 years or more, it is likely that Open Durational Alimony (formerly known as permanent alimony) will be put in place. Even if you are married less than 20 years, you could still be entitled to Open Durational Alimony under what the statute states as “Exceptional Circumstances.”
Limited Duration Alimony
Open Durational Alimony
Rehabilitative Alimony
Reimbursement Alimony
Pendente Lite Support
We Can Help You Strategize for Maximum Results
Our practice is dedicated exclusively to family and matrimonial law so you can count on us to present you with a sound strategy on your alimony issue, regardless of whether you expect to be paying or receiving alimony. We strive to meet your objectives by making sure you are a well-informed client.
While alimony is just one aspect of a divorce, it is usually a highly contentious aspect. To discuss your alimony issue with an experienced alimony lawyer, contact the Law Offices of Sylvia S. Costantino, Esq., LLC today.
Our firm represents clients in Monmouth, Ocean, Somerset, Union, Middlesex and other counties throughout New Jersey.
