Nj Alimony & Spousal Support Guidelines Explained. Divorce Lawyers Morris Essex Somerset Hunterdon
How is Spousal Support / Alimony Determined in NJ?
The court will consider a number of factors before awarding alimony, including but not limited to the following:
1. The actual need and ability of the parties to pay;
2. The duration of the marriage;
3. The age, physical and emotional health of the parties;
4. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable
standard of living;
5. The earning capacities, educational levels, vocational skills, and employability of the parties;
6. The length of absence from the job market of the party seeking
support;
7. The parental responsibilities for the children;
8. 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;
9. 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;
10. 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;
11. The income available to either party through investment of any assets held by that party; and
12. 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.
Since the calculation of New Jersey alimony is not as clear cut as child support, it often tends to be a litigated issue in many New Jersey divorce matters. Before doing anything, you should take the time to meet with a divorce lawyer who is Certified by the Supreme Court of NJ as a Matrimonial Law Attorney. These New Jersey family law attorneys will be best qualified to advise you regarding your most effective course of action.
For more legal help and legal information about NJ alimony, spousal support, family law and divorce related issues or to download a FREE copy of my divorce guide, visit my web-site at www.weinbergerlawgroup.com
This article was authored by Bari Weinberger, the founding partner at Weinberger Law Group, LLC. Bari is a prominent and highly sought after New Jersey divorce and family law ttorney. She is Certified by the Supreme Court of NJ as a Matrimonial Law Attorney, a certification achieved by only 2% of the attorneys in New Jersey. Ms. Weinberger is also the associate author of the New Jersey Family Law Practice, a 5-volume treatise utilized by virtually every family law judge and attorney in the State. Her practice is located in Morris County, just minutes from Morristown and she represents clients throughout NJ including the following counties: Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union and Warren.
Alimony is one of the most litigated issues in a NJ divorce because the person paying alimony wants to pay as little as possible and the person receiving alimony wants to receive as much as possible. If you and your spouse cannot settle your spousal support issues amicably, you may need to get the NJ family courts involved to make this legal determination for the both of you.
How is Spousal Support / Alimony Determined in NJ?
The court will consider a number of factors before awarding alimony, including but not limited to the following:
1. The actual need and ability of the parties to pay;
2. The duration of the marriage;
3. The age, physical and emotional health of the parties;
4. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable
standard of living;
5. The earning capacities, educational levels, vocational skills, and employability of the parties;
6. The length of absence from the job market of the party seeking
support;
7. The parental responsibilities for the children;
8. 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;
9. 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;
10. 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;
11. The income available to either party through investment of any assets held by that party; and
12. 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.
Since the calculation of New Jersey alimony is not as clear cut as child support, it often tends to be a litigated issue in many New Jersey divorce matters. Before doing anything, you should take the time to meet with a divorce lawyer who is Certified by the Supreme Court of NJ as a Matrimonial Law Attorney. These New Jersey family law attorneys will be best qualified to advise you regarding your most effective course of action.
For more legal help and legal information about NJ alimony, spousal support, family law and divorce related issues or to download a FREE copy of my divorce guide, visit my web-site at www.weinbergerlawgroup.com
This article was authored by Bari Weinberger, the founding partner at Weinberger Law Group, LLC. Bari is a prominent and highly sought after New Jersey divorce and family law ttorney. She is Certified by the Supreme Court of NJ as a Matrimonial Law Attorney, a certification achieved by only 2% of the attorneys in New Jersey. Ms. Weinberger is also the associate author of the New Jersey Family Law Practice, a 5-volume treatise utilized by virtually every family law judge and attorney in the State. Her practice is located in Morris County, just minutes from Morristown and she represents clients throughout NJ including the following counties: Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union and Warren.