After your divorce is settled, you and your spouse must follow the orders that the court decides. And almost always, alimony is included in these orders. Follow along to find out if alimony is always enforced and how one of the proficient New Jersey alimony attorneys at Haber Silver Russoniello & Dunn can help you reach a fair settlement.
How is alimony enforced in the state of New Jersey?
Say, for instance, that you cite fault grounds for your divorce. More specifically, say that your blame your spouse for committing adultery that ultimately led to the dissolution of your marriage. But even with a strong argument, the New Jersey family court will likely not put this factor into consideration when finalizing an alimony settlement agreement. Meaning, alimony is almost always enforced in the state of New Jersey, whether it be open durational alimony, limited durational alimony, rehabilitative alimony, or reimbursement alimony.
On the bright side, the state of New Jersey no longer acknowledges “permanent” alimony. And so, your alimony order will likely have a set duration and amount.
Even further, you may be able to file a petition for a post-judgment modification to your alimony order if your or your former spouse’s financial circumstances significantly change. Such changes may include you losing your job, your spouse remarrying, your spouse reaching retirement age, etc.
How is alimony determined in the state of New Jersey?
When enforcing an alimony order, the New Jersey family court will evaluate a number of circumstances. They read as follows:
- The amount of time your spouse was absent from the job market while you were married, if applicable.
- The expenses (i.e., education and work training) that come with your spouse re-entering the job market, if applicable.
- The financial and non-financial contributions that your spouse provided while you were married.
- The standard of living that you and your spouse established while you were married.
- The duration of your and your spouse’s marriage.
- The child custody agreement that the court has ordered.
- The child support agreement that the court has ordered.
- The asset division agreement that the court has ordered.
- Your and your spouse’s earning capabilities.
- Your and your spouse’s income from investments.
- Your overall ability to make alimony payments for a certain time and at a certain amount.
- Your spouse’s overall need to receive alimony payments for a certain time and at a certain amount.
- The tax implications that come with making alimony payments.
- Any other relevant factors.
If you are hoping for an alimony order that is fair and just, you should not go through these proceedings alone. Instead, you must have one of the talented New Jersey divorce attorneys standing by your side. We await your phone call.