For many, getting married is an exciting time. As you’ll find, many aspects of your life will become intertwined, from sharing a last name and children to your finances. However, if you are financially dependent on your spouse, filing for divorce can leave you in an uncertain situation. As such, you may want to seek permanent alimony. However, New Jersey alimony laws have changed, meaning this is no longer possible. If you’re going through a divorce, the following blog explores what you should know about these circumstances and how experienced New Jersey alimony attorneys can help you through these complex matters.
Permanent alimony is offered in some divorce cases to order the paying party to make alimony payments to their spouse until either party passes away or the recipient remarries.
If you are seeking permanent alimony in your divorce, it’s imperative to understand that the laws surrounding these matters have changed. As of 2014, New Jersey no longer offers permanent alimony to those going through a divorce. Instead, you can petition the courts for open durational alimony. Though similar to permanent alimony in that the party awarded the funds will receive spousal support for an extended period of time, it is still considered durational as either party can petition to end the payments. Essentially, the changed wording ensures that the paying spouse is not legally obligated to continue paying alimony until either spouse passes away.
There is a common misconception that the lower-earning spouse will automatically receive alimony during a divorce. However, this is far from the truth. In reality, if a spouse wants alimony, they must petition for it when filing for divorce or responding to the petition filed by their spouse. However, simply requesting alimony doesn’t warrant an automatic award either – the courts will consider several factors before issuing funds. These factors include, but are not limited to, the following:
As you can see, there are many considerations the courts will examine to determine whether or not alimony is necessary, and if so, how long it will last. Generally, there are exceptional circumstances in which someone can be granted open durational alimony, such as if the recipient spouse suffers from a chronic health issue or the marriage lasted longer than 20 years.
Alimony is often one of the most contentious matters during a divorce. As such, it’s in your best interest to connect with an experienced who can help you navigate these matters. Connect with our firm at Haber Silver Russonielloe & Dunn to learn how we can assist you through these challenging times.
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