Considering a divorce in New Jersey involves significant financial considerations. Divorce can affect your financial situation regardless of your income level. Individuals who did not work or worked less during the marriage may face greater challenges due to financial dependence on their spouse. To prevent such individuals from experiencing a reduced standard of living or requiring public assistance, spousal support may be established.

Currently, alimony  is less common as both spouses often work and earn their own incomes. However, it remains an important aspect in divorces where there is a notable financial disparity. Whether you are seeking alimony or required to provide it, Villani & DeLuca, P.C. offers consultation services. Contact us at 732-751-4991 to schedule an initial consultation with our Ocean and Monmouth County divorce lawyers, who will provide advice and advocate for your rights.

Understanding Alimony in New Jersey

Alimony refers to court-ordered payments from one spouse to another for a designated period during or after a divorce. Spouses may agree on the terms of alimony, but the agreement must be equitable. If an agreement cannot be reached, the spouse seeking support must file a formal notice with the court.

Alimony can be temporary or permanent, with temporary arrangements more common. Payments are usually made monthly, though lump-sum payments are also possible. Alternatively, alimony may involve property transfers instead of monetary payments. Lump-sum payments and property transfers are non-modifiable once the order is issued, meaning changes in circumstances do not impact them. However, periodic payments can be modified if there are changes in circumstances.

Factors that Influence Alimony

Several factors influence the amount and duration of alimony payments, including:

• Length of the marriage
•          Spouses' age
•          Health status of each spouse
•          Difference in income between the spouses
•          Chance of the financially-dependent spouse getting a well-paying job
•          Dependent spouse's professional skills or educational achievements.
•          The standard of living maintained during the marriage
•          Each spouse's individual assets
•         Duration for the dependent spouse to achieve self-sufficiency
•          Children and possible child support requirements
• Spouses are encouraged to mutually agree on alimony arrangements, promoting equitable outcomes without necessitating court involvement.

Termination of Alimony in New Jersey

The end date for alimony can be determined by mutual agreement or through court determination. Alimony may also terminate if:

•       The supported spouse remarries or cohabitates
•          Either spouse dies
•          Defenses to Challenge Alimony
•          Alimony can be contested during a divorce, with reasons to deny claims including:
•          Marital misconduct
•          Adultery
•          Bigamy
•          Acts of cruelty, including instances of domestic violence
•          Abandonment
•          Felony conviction
•          Actions causing deep humiliation and making marriage intolerable

If contested, the judge has the final say. It is advisable to reach an agreement to avoid the costs associated with hearings or trials.

Alimony Enforcement in New Jersey

Once a judge issues an alimony order, it becomes enforceable. Payments are often set up as automatic deductions from the paying spouse's employer, but direct payments can work too. If payments aren't made, it could lead to fines, penalties, or being held in contempt of court. The supported spouse can ask for a show-cause hearing to address any missed payments.

Contact us Today

Seeking a divorce necessitates legal advice and guidance. At Villani & DeLuca, P.C., our attorneys provide support and representation, whether you aim to obtain, contest, or modify alimony. Contact us online or at 732-751-4991  to arrange a complimentary initial consultation.