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Alimony is payment of support from one spouse to another after a divorce. Alimony is not meant as punishment. It is an equitable tool courts use to ensure that both parties can maintain a reasonably comparable standard of living to the one that they enjoyed during the marriage. At the family law firm of Helmer, Conley & Kasselman, our New Jersey alimony attorneys are knowledgeable of the different types of alimony in New Jersey.
The amount awarded and the length of time for which alimony will last is based on a complicated set of statutory factors that are applied to each individual case.
These factors include (N.J.S.A. 2A:34-23.1):
Yes, “Pendente lite” alimony is basically temporary alimony that is awarded before the final judgment of divorce is entered. The goal of this temporary alimony is to maintain the current family lifestyle. The court wants to ensure that the mortgage is paid, the lights stay on, and that the kids are fed. This type of support is not part of child support.
At Helmer, Conley & Kasselman, PA, our New Jersey family lawyers can help you determine whether there will be an alimony award in your case, how much it will be for, and how long it will last.
If the parties do not agree then the family court can determine an alimony award. In New Jersey there are specific guidelines, rules, and a computer program to determine child support. However, there are no alimony guidelines or computer programs to calculate alimony. Instead the courts will consider very specific factors when it calculates alimony. In general, the court must consider the marital lifestyle while both parties lived together, the supporting spouse’s ability to pay, and the dependent spouse’s ability to contribute to his/her own support.
Along with an amount of alimony the court can set the time frame that alimony will be paid, with a current law change that all alimony will cease as of the one paying the alimony reaching full benefit amount Social Security age, unless the spouse receiving the alimony can prove they still need the payment.
Yes, based on factors such as the former spouse remarrying, or cohabitating with another unrelated adult. Cohabitation involves a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union, but they do not necessarily have to maintain a single common household.
The Court will look to a list of factors such as: why you lost your job, are you making a good faith effort to seek a new job, any severance pay received on the loss of your job, changes in both parties financial position at the time of the job loss, and how long have you been unemployed. The Court then can order a reduction of the alimony amount and or payment length.
At the NJ family law firm of Helmer, Conley & Kasselman, our attorneys are knowledgeable of the different types of alimony in New Jersey. The amount awarded and the length of time for which alimony will last is based on a complicated set of statutory factors that are applied to each individual case.
For more information, contact Helmer, Conley & Kasselman, PA, to speak with a top New Jersey alimony attorney.
Don’t let your rights be jeopardized.