Alimony (Spousal Support)
When a marriage is ending, individuals are often met with numerous, complicated decisions. During this concluding phase of a marriage, legal decisions are made that carry long-term impacts for all involved. One of the important decisions the New Jersey Courts generally makes on behalf of the couple is whether or not one spouse will be required to monetarily support the other spouse (referred to as “spousal support”). The financial support provided by one spouse to another spouse as set forth in the terms of an agreement or court order or settlement is referred to as alimony.
Decisions made during a divorce have a long-term impact on the quality of life for both partners. It is important that you obtain legal advice when you are involved in a divorce situation so that your rights and the rights of your children are protected through the consideration given to alimony payments. The experienced divorce attorneys at Kearns Rotolo Law will work to obtain the appropriate alimony for their clients and obtain a financial solution that will minimize any negative financial situations in the future.
Victor A. Rotolo has been included on the List of New Jersey Super Lawyers in the years 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 and 2020, marking his fifteenth his twelfth year of inclusion on this list. The list of New Jersey Super Lawyers is generated by the Thomson Reuters organization which employs the following methodology and set of standards to compile the list each year. Super Lawyers Selection Methodology [No aspect of this advertisement has been approved by the Supreme Court.]
Victor A. Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.
"A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:
- been a member in good standing of the New Jersey bar for over 5 years
- demonstrated a substantial level of experience in civil trial law
- been favorably evaluated by other attorneys and judges familiar with his or her work
- taken and passed a written examination in civil trial law."
Source: Supreme Court of New Jersey, Board on Attorney Certification, Brochure on Certified Civil Trial Attorney. See Rule 1:39: Specialty Certification of Attorneys.
There are a number of factors the New Jersey courts evaluate when determining if a spouse is eligible for alimony and, if the spouse is eligible, the amount of the alimony payments. The main purpose of alimony is to prevent an unbalanced economic situation from occurring as a consequence of divorce; Court-ordered alimony payments are intended to intervene and rectify this situation. Some factors considered in determining alimony:
- the length of the marriage;
- the standard of living enjoyed during the marriage;
- the relative income of each individual; and
- the needs of each spouse.
Whether or not an individual from the marriage is required to support the other individual is left up to the discretion of the New Jersey court system with its careful consideration of all the factors at hand. Under current New Jersey law, alimony can be in different forms depending on the factors considered by the Courts.
Open Durational Alimony: Open durational alimony replaces "permanent alimony" and allow terms of this support agreement to be modified after a defined period of time in the event of certain lifestyle changes, such as unemployment and/or retirement. It also allows for the discontinuance of payments if the support recipient moves in with another partner.
Rehabilitative: Rehabilitative alimony is temporary and it is intended to enable the former spouse to return to school or to obtain job training enabling him or her to gain financial independence. Rehabilitative alimony, for example, may require the husband pay tuition to acquire the knowledge or skills his ex-wife will need to enter the job market in a particular field.
Limited Duration: Limited duration alimony is similar to rehabilitative in that it is for a specified, limited period of time. This type of alimony is often awarded when the marriage itself existed for a limited time. When limited duration alimony is awarded, generally rehabilitative alimony does not apply; however, there may be circumstances that justify some financial support.
Reimbursement: Reimbursement alimony is awarded when a spouse has made sacrifices of either a professional or financial nature so that the other spouse is given the opportunity to pursue professional training or career development to enhance the spouse’s earning capacity at some point in the future.
In addition to the above forms of alimony, either party may request an award of temporary support while divorce is pending. This award, referred to as “pendente lite” support allows the parties to maintain their existing state of financial affairs until a complete analysis of the financials is done. While pendente lite alimony awards are only temporary, these awards can be adjusted via a settlement, or at trial if necessary.
The courts in New Jersey are not limited by the above categories of alimony. They may, in the interest of justice, allot awards that combine the different categories or awards that fall outside of the above categories altogether.
Contact Kearns Rotolo Law today to discuss your alimony issues. Your initial half-hour consultation session is free.