Alimony Lawyers in Cherry Hill, New Jersey
Alimony is one of the most significant marital issues leading a couple to court. In some divorce cases, couples have agreed on all other matters, litigating this one factor. Also known as spousal support, alimony can be a hotly contested issue. In many of these situations, the couple disagrees with what the other deserves. Whether they both worked or one had a career while the other cared for the home, the dependent party may be entitled to some form of alimony. This is a fact-sensitive matter. Facing divorce is a complex legal situation. When experience matters and you need an effective and knowledgeable legal team to represent your needs in and out of court, contact Underwood & Micklin.
Temporary Alimony (pendente lite)
Temporary alimony provides financial support to the dependent party while the case is pending. These payments include daily expenses and attorney fees and are made until the court makes a decision on the divorce.
Alimony structures in New Jersey
In New Jersey, the laws regarding alimony changed slightly in 2014. Alimony was never supposed to be permanent. In response, New Jersey amended the laws, changing permanent alimony to open durational alimony.
- Open durational alimony: Alimony is no longer a lifetime obligation. If a marriage lasts for over 20 years, open durational alimony provides support to a dependent party with no absolute end date. This alimony structure can be modified as time goes on, including when facing a shift in either party’s financial circumstances and earning potentials.
- Limited duration alimony: Limited duration alimony is for marriages that end in a short time. A court may decide on this structure, providing support on a very limited basis and allowing the dependent party the time to become independent again.
- Rehabilitative alimony: This structure is also a short-term obligation. When one party defers life goals in support of the betterment of the family, rehabilitative alimony can help support the dependent party financially as they pay for schooling or vocational training that would advance their earning potential.
- Reimbursement alimony: When one party supported the other in the pursuit of education, advancing the individual’s earning potential, reimbursement alimony may be used to pay back for the support.
Factors that impact alimony decisions
To determine an alimony structure, a court will consider many factors related to the couple. Aside from other factors that the court deems relevant, some particular factors include, but are not limited to:
- The length of the marriage
- The needs of the dependent party
- The age and health of the couple
- The standard of living established during the marriage
- The earning capacity of the individuals
- The custodial responsibilities for the children
- The dependent party’s length of absence from the workplace
- The practicality of schooling to help the dependent party become independent
- The financial and nonfinancial contribution to the marriage
- The property distribution decision
Marital fault and alimony
With the introduction of no-fault divorces, New Jersey has taken a different stance on marital fault. When a court hears a case, marital fault will most likely have little to no impact on the case. The fact that your spouse cheated on you will probably not entitle you to more alimony or mitigate your obligation. On the other hand, economic fault could have a serious impact on the case. If your spouse wasted marital assets in a relationship with another or purposefully lost employment to manipulate their obligation to support you, the court could decide in your favor.
Contact our South Jersey Alimony Attorneys
Underwood & Micklin has over 20 years of experience helping clients through the toughest times. Our firm recognizes the impact alimony has on the future of our clients. Whether you are obligated to support someone or are the dependent party needing support, our firm is ready to step in and represent your interests. For a consultation with an effective and knowledgeable legal team, contact Underwood & Micklin.