In New Jersey, spousal support is the obligation of the higher-earning party to support the dependent party after a divorce or dissolution of a civil union. Regularly referred to as alimony, spousal support is intended to help a dependent spouse maintain the marital standard of living and become financially independent, if possible. Our Morris County Alimony Attorneys understand that securing—or defending against—this support is often the most critical aspect of your financial future.
Couples often find themselves litigating this matter because of disagreement as to what the other spouse deserves, or resentment at the idea of paying a spouse who might be viewed as having caused or contributed to the demise of the marriage. Whether one spouse was the breadwinner or both spouses worked outside the home for the family, if one spouse is considered dependent on the other, he or she may be entitled to some form of support.
If divorce is in your future and you need effective and experienced legal services, contact the legal team here at Haber Silver Russoniello & Dunn.
Haber Silver Russoniello & Dunn has decades of experience representing clients facing a wide range of divorce-related issues, including hotly-contested disputes over alimony. Whether you’re seeking alimony or are being asked to pay it, you need a team of competent New Jersey alimony attorneys in your corner who can effectively represent your interests.
Disputes regarding spousal support in this region are often heard at the Morris County Superior Court in Morristown. Our firm is deeply familiar with the local judges and procedures, ensuring you have the strongest possible advocacy.
It is important to note that alimony laws no longer allow for a support obligation to be designated as “permanent.” Below are the 4 categories of alimony that may apply to your situation.
This form of support replaces what was once called “permanent alimony.” It generally applies to couples married or in a civil union for more than 20 years. Open durational alimony provides support with no fixed end date; however, it is not truly “permanent.”
It continues until a valid reason for termination arises—such as the remarriage of the supported spouse—or when the Court finds that circumstances have changed enough to justify a modification. Common reasons for modifying or ending this type of alimony include cohabitation, remarriage, disability, or the expected retirement of the payor.
When a marriage or civil union lasts fewer than 20 years, New Jersey law generally limits alimony to a set period shorter than the marriage’s duration—unless extraordinary circumstances exist. The Court determines both the amount and the duration of this support, aiming to help the dependent spouse bridge the gap to financial independence.
Designed for spouses who deferred their own career or educational pursuits to support their partner’s success or care for the family, rehabilitative alimony provides funds specifically for education or vocational training. This support helps the dependent spouse improve earning capacity and re-enter the workforce. Learn more about rehabilitative alimony under New Jersey law.
This form of support reimburses one spouse for financially assisting the other in pursuing education or professional training during the marriage or civil union. Unlike other types of alimony, reimbursement alimony is typically not subject to modification once it has been awarded.
There is no simple calculator for alimony in New Jersey. Instead, the court considers a specific list of statutory factors to make a decision that is fair and just to both parties. Under N.J.S.A. 2A:34-23(b), these factors include:
A Note on Taxes: While federal law (TCJA) eliminated the tax deduction for alimony for divorces finalized after 2018, New Jersey state law typically still allows the payor to deduct alimony from their NJ gross income, and requires the recipient to claim it. We can help you navigate these complex tax implications.
Marital fault normally has little to no impact on divorce. Since the introduction of no-fault divorces, the court has generally avoided taking marital fault into consideration when hearing cases.
In certain limited circumstances, however, extreme marital fault—such as one party’s substantial dissipation of assets or one party infecting the other with a sexually transmitted illness—might impact a Court’s determination of spousal support.
When facing a contested divorce or dissolution of a civil union where alimony is an issue, it is important to discuss your legal situation with a knowledgeable legal team. Whether you are the party needing support or the one obligated to pay, it is important that you retain quality legal services to protect your financial future.
For decades, Haber Silver Russoniello & Dunn has represented clients across New Jersey. We recognize the impact a divorce has on the individual and the family and we are ready to guide you through these tough times. For a consultation, contact the skilled Morris County alimony attorneys from Haber Silver Russoniello & Dunn today.
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