How Will Alimony Affect Your Divorce Case?
Alimony can be a hot-button issue, whether one spouse feels deserving or the other spouse bristles at having to pay it. The key is to see through the emotion of it and view alimony as a business decision in the bigger picture. Consult a lawyer to determine your options for alimony payments in your divorce case.
The lawyers of Iacullo Martino, LLC, can gauge whether the court would likely award alimony in your New Jersey divorce. We can weigh the merits of litigating or using alimony to negotiate other aspects of the property settlement.
What Types Of Alimony Can Be Awarded?
Alimony (spousal support) is a payment from one spouse to the other to level the standard of living after divorce. There are four types of alimony in New Jersey:
- Open duration alimony: This usually applies to long-term marriages, especially if one spouse has a disability or few employable skills.
- Limited duration alimony: The court can award a fixed payment for a defined period rather than open duration (permanent) support.
- Reimbursement alimony: This pays back a spouse who supported the other in obtaining an advanced degree or otherwise advancing a career or business. It may be coupled with other types of alimony.
- Rehabilitative alimony: This is a short-term support obligation to enable a spouse to return to school, re-establish a career or otherwise gain financial independence.
The court considers several statutory factors, including the length of the marriage, income differential, earning capacity, accustomed lifestyle during marriage, career sacrifices such as raising the children, current status as custodial parent, and age and health of the parties. We will analyze all of the factors with our clients to determine a strategy with respect to alimony.
Our role is to make sure the court has accurate information about incomes and standard of living and to put our client in the best position going forward. An alimony award can be used by either party to barter for other matters such as the house, retirement funds or debts of the marriage. Consult with the divorce attorneys of Iacullo Martino, LLC.