Alimony, or Spousal Support, is a highly contentious issue in many divorces. Unlike Child Support, there is no formal calculation to determine the amount of alimony paid or the duration of the alimony obligation. Under the current New Jersey alimony statute, both parties have an equal right to maintain a lifestyle comparable to that which was enjoyed during the marriage both during and following divorce proceedings. The alimony statute provides a non-exhaustive list of factors a Court must consider when making an alimony determination, which factors include but are not limited to:
Additionally, under the New Jersey alimony statute, there is a rebuttable presumption that alimony shall terminate upon the payor spouse attaining full retirement age and thereafter actually retiring. Said presumption may be overcome upon good cause shown. Ensuring that you will have sufficient financial means to support yourself following a divorce requires experienced and diligent advocacy. At Clark Family Law, LLC, we recognize that a clear understanding of the amount and duration of spousal support clients will receive or pay is often a critical component of their ability to make other major decisions regarding their post-divorce futures (e.g., where they will reside, whether either party will retain the marital home, how marital debt should be allocated). Megan E. Clark, Esq. has extensive experience negotiating and litigating all issues of alimony and spousal support and focuses on providing clients with realistic legal advice and expectations as to these issues, as well as their other financial concerns.
Spousal support, like child support, may be modified upon a showing of a permanent, substantial change of circumstances. Issues like injury, job loss or illness of the payor can result in reduction of alimony. Conversely, having an increase in income by the payor can result in higher alimony to the recipient. In some instances, alimony may be terminated due to marriage or cohabitation of the recipient spouse. If you are concerned about receiving adequate spousal support, protecting yourself against an unduly burdensome support obligation, or modifying your alimony or spousal support obligation, contact our office for a consultation today.
For more information concerning our legal services for spousal support or alimony, or to schedule your no-cost consultation at our Sussex County, NJ office, call Clark Family Law, LLC at 973-729-0319.