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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.

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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.]

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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.

What Our Clients are Saying

The absolute BEST!!! I have a family of attorneys but needed someone local. Victor was recommended to me and words cannot describe how pleased I was with his firm. The outstanding service and attention each member of his staff gave to me surpassed any and all expectations. Victor surrounds himself with a hardworking team that he leads. I felt it was money spent wisely. I will continue to recommend Victor and his associates.

- Stephanie

Mr. Rotolo has helped me numerous times in legal matters and has continued to support and help me through countless hardships. He is dedicated to providing the best service and is a true professional. I will continue to consult with him regarding any legal issues in the future. He is a respectable, hardworking, kind hearted man and I would recommend his legal services to anyone.

- Matthew

I am an attorney and have practiced law for 26 years. I hired Vic to handle a very difficult family matter because I do not handle family law. Vic was extremely competent and obtained a result far beyond my expectations. Without his counsel my son's and family's life would have been changed forever. Thank you Vic for your good lawyering. I very much appreciate the personal attention and time dedicated to this matter. I highly recommend Vic.

- Anthony

We recently had a situation where we needed to hire an attorney. We selected Kearns Rotolo Law and I can honestly say that we were above and beyond satisfied with Vic and his team. We would absolutely recommend this firm to anyone should the need arise. We blindly picked the firm out of the phone book because I liked his ad. Now I believe that God was pointing us in the right direction. Thank you Vic and Kearns Rotolo Law for being there for us in our time of need.

- Kim

Victor's expertise, due diligence, and empathy for his client made my first experience with the law (and last) a non-stressful one. Before the case, I did my research and looked over about 20 lawyers before choosing Victor. All my sources pointed to him as the best and they weren't off even a bit. Victor treated my case like it was his own and kept me up to date with all my appointments, breakthroughs in the case, and guided me step through step in a process that I never thought that I had to come to endure. If Victor's not available Susy will go out of her way to take care you. The productivity and efficiency in that office is second to none. Thank you Victor!

- Michael