How is spousal support decided?

When couples get divorced, it is life-changing. Not only does their marriage dissolve, they will have to decide on multiple factors for their future. If children are part of the family, child custody and child support will need to be decided upon. However, there are other factors that need to be resolved as well. Spouses may have to pay alimony or spousal support. These types of payments are made so that the dependent spouse can live on their own without being in financial trouble. These types of payments can become a heated subject matter between spouses. They sometimes are resentful toward one another and do not want to pay money to support their former spouse. This is why the court decides on the matter.

When making their decision the court takes many factors into consideration. In order to ensure a strong representation in court, contact our legal team for our help. We want to make sure you are given the proper compensation for being the dependent in the situation or are not being taken advantage of if you are the independent spouse.

What kinds of alimony payments are there in New Jersey?

Alimony laws have changed to no longer allow for the financial compensation to be permanent. Depending on the situation, there may be cause to alter the alimony payments or stop them all together. There are four types of categories that spousal support can be broken into.

Open durational alimony is a change of the former permanent alimony. This type of payment is for couples who have been married for over 20 years. When this category is decided upon, there is no specific end date set. However, that does not mean it can never end. Modifications and adjustments can be made to open durational alimony. Factors that can influence the payments include the remarriage of the dependent spouse, cohabitation, the payor spouse becoming disabled or unemployed or the dependent spouse becoming financially independent.

Limited duration alimony is for couples that have been married for less than 20 years. New Jersey law states that the alimony payments should be made for a specific period of time that does not exceed the length of the marriage. However, there are grounds that can modify or terminate the length of time and amount of money that is included in this category.

Rehabilitative alimony is designed for situations in which the dependent spouse is found to have deferred their career goals in support of the other party’s success and for the benefit of the family. This form of payment requires funds to pay for schooling or vocational training for the dependent spouse to increase their earning capacity.

Reimbursement alimony is a structure of support that includes funds to reimburse one spouse for having financially supported the other spouse’s pursuit of an education or vocational training during the marriage.

Due to the many different factors that decide how alimony payments are structured, it is best to consult a professional attorney about the matter. We can hear your situation and assist you in getting the proper deal. Our attorneys want to make sure you are taken care of.

If you require strong legal representation for matters related to divorce or family law, Haber Silver & Simpson is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.