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New Jersey Alimony Lawyers

New Jersey Alimony Lawyers

Spousal Support Attorneys in Bergen County, NJ Advocate for Clients Seeking Alimony in Their Divorce in Passaic County, Essex County, and Throughout New York, including Queens County, Nassau County, and NYC

In many cases of divorce, one spouse may have a substantially higher earning capacity than the other spouse. However, divorce should not result in one spouse’s standard of living being significantly reduced. To remedy this problem, the court may order or approve alimony. Alimony is money that one spouse pays to the other during and after a divorce to try to keep their living standards as close as possible to what they had when they were married. Of course, alimony can continue to financially connect two spouses even after they go their separate ways in divorce, which often leads to contentious litigation. Our experienced New Jersey alimony lawyers can advocate for your interests in alimony proceedings. 

Do not leave the outcome of your alimony proceedings to chance. Get the experienced legal help you need to stand up for your rights. Reach out to the Choi Law Firm for a case evaluation to discuss your options with our alimony law firm in Fort Lee, NJ. With our firm in your corner, you can expect us to work tirelessly to pursue a fair and favorable resolution in your alimony matter. 

Types of Spousal Support

New Jersey and New York each have different types of spousal support or alimony. Examples of the types of spousal support include:

  • Pendente alimony lite (in New Jersey) or pendente lite maintenance (in New York), which is alimony paid during divorce proceedings. Pendente alimony lite is intended to ensure that each spouse maintains the same or a similar lifestyle that both spouses enjoyed during the marriage. Pendente alimony lite ends upon the entry of a judgment of divorce and may be replaced by a different type of alimony.
  • Open durational alimony (in New Jersey) or permanent spousal maintenance (in New York), previously known as “permanent” alimony, which is an alimony award that continues until the payor spouse reaches retirement age or the death of either spouse, whichever occurs first. Open durational alimony is typically only awarded in divorce cases involving marriages lasting longer than 20 years where the recipient spouse has no reasonable prospect of becoming self-sufficient at the level of the marital lifestyle.
  • Limited durational alimony (in New Jersey) or durational spousal maintenance (in New York), which is alimony that lasts for a specific period and like open durational alimony is intended to maintain each spouse at a lifestyle similar to the level enjoyed during the marriage. Limited durational alimony may not have a term longer than the marriage, except for marriages lasting longer than 20 years.
  • Rehabilitative alimony, which is awarded for the specific purpose of providing financial support to a spouse for as long as needed until they can reenter the workforce and become self-sufficient. Rehabilitative alimony can cover costs of living as well as educational or workforce training expenses. 
  • Reimbursement alimony, which is awarded to compensate a spouse for financial contributions they made to the other spouse’s educational/career advancement. Reimbursement alimony is usually awarded in cases where the marriage was brief in duration or the couple had a low standard of living during one spouse’s education or training. 

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Courts determine an alimony award first by calculating a basic support amount after plugging the spouses’ respective incomes or earning capacities into a formula. Courts also vary upward or downward from that basic amount and determine the length of the alimony award based on factors such as:

  • The respective property and assets of the spouses 
  • The length of the marriage
  • The age and health of the spouses
  • The ability of the recipient spouse to become financially self-supporting
  • The financial contributions of one spouse to the educational or career advancement of the other spouse
  • The contributions of each spouse to the maintenance of the household
  • Whether either spouse has dependents

Get Advice From An Experienced Family Law Attorney Serving Clients In New Jersey And New York. All You Have To Do Is Call 888-501-5876 To Receive Your Confidential Case Evaluation.

If you are disputing alimony as part of a divorce or if you wish to modify an existing alimony order between you and your ex, the qualified New Jersey alimony lawyers at the Choi Law Firm can help. Contact our spousal support attorneys in Bergen County, NJ today for an initial consultation to learn more about how our firm can advocate for your interests in your case.

Frequently Asked Questions About Alimony in New Jersey

Do courts always award alimony?

No. Courts in New York and New Jersey have discretion as to whether to award alimony and how much an alimony obligation should be. Alimony is usually awarded in cases where necessary to ensure that both ex-spouses can maintain relatively comparable lifestyles or to enable one spouse to acquire the employment skills necessary to become self-sufficient and achieve a lifestyle comparable to their spouse on their own.

Can alimony be ordered in addition to child support?

Yes. Although money for child support is paid to the parent of primary custody, the right to child support belongs to the child, and is separate from the parent’s right to alimony from their ex-spouse. Child support is intended to help pay for the child’s expenses, while alimony is intended to help equalize the respective standards of living of ex-spouses. Therefore, courts may order both child support and alimony when necessary to achieve both interests.

Can an alimony order be modified?

Yes. If either ex-spouse can demonstrate a substantial change in circumstances, they can file a motion with the court to modify alimony upwards or downwards or to terminate alimony entirely. A paying spouse may seek to reduce their alimony obligation if they experience a substantial decrease in their income or earning capacity or to terminate alimony upon their ex-spouse’s remarriage or cohabitation with a romantic or intimate partner. A recipient spouse might even seek an increase in alimony if they experience a substantial, unexpected increase in their expenses, such as from medical expenses.

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