An important, yet often overlooked aspect during the course of your divorce is the subject of Alimony. It’s a topic that most people want to gloss over and ignore until it can no longer be ignored. Often, the only party concerned about the alimony is the intended recipient. It’s a touchy topic no doubt–but one that must be addressed as it can and will become a point of contention if not addressed early on. Let’s talk about how alimony can affect your divorce proceedings in New Jersey.
The Duration Of Alimony
While there are various types of alimony in the state of New Jersey, regardless of which type you will be awarded, it is not intended to be permanent. Whether you are paying or receiving temporary alimony payments, rehabilitative or making or receiving permanent payments for alimony, the duration will not be permanent. That latter is not to say that the payments cannot be for a lengthy period of time, however, these payments are not meant to be paid out or received for a lifetime, permanent duration. Alimony payments are intended to end after the payor has reached retirement.
How Is Alimony Calculated In New Jersey?
You may be under the impression that you will either receive or pay Alimony but this may not even be the case. Depending on the individual set of circumstances surrounding your marriage, you may not be paying or receiving Alimony at all. During the course of your divorce proceedings, a judge will consider many elements relating to the marriage before giving an award of alimony or actually declining it.
What Are The Considerations For Alimony
- What is the length of the marriage?
- What were your earning during the marriage?
- What were your spouse’s earnings during the marriage?
- What has your living standard been during the marriage?
- Do you have children?
- What is the overall health of each spouse?
- Marital Contributions and other elements not listed such as stay-at-home-parents etc.
Can Alimony Be Modified?
When and if alimony is awarded to you or to your spouse, be aware that that support is not permanent and can always face modification. Alimony is not meant to be permanent. There may be extenuating circumstances where one spouse has not met the threshold of self-support in the original timeline and needs continued support. A spouse may get re-married or another lose their job or retire. All of the latter, including some life changes that cannot be predicted, may affect your alimony payments in the future and may require modification.
Keep in mind that any modification must go through the court process prior to being changed. Whether you can no longer keep up with payments or you are not surviving on the payments, you must go through the court.
Contact Attorney Carvajal Today
If you are considering a divorce or are in the process of a divorce and need assistance with alimony, contact my office today to learn more about how I can help you.