Alimony

Couples going through divorce often experience a roller coaster of emotions. Feeling stressed, angry and depressed is entirely common. On the other side of the coin, it’s not unusual to feel relief and even an eagerness to start anew. However, when the topic of alimony comes up, most divorcing couples can become upset and frustrated. Just thinking about future finances and how they may change the lifestyle you’ve come to know, can be overwhelming.

Alimony is often the source of heated arguments; it is the reason why many divorce negotiations end up in court. When your financial future is at risk – whether you want to receive alimony or avoid paying it – contact the experienced Cherry Hill, NJ divorce lawyers at Graziano & Flynn, P.C. We will assess your case, explain your rights and represent your interests during the alimony negotiations.

Alimony law in New Jersey changed in 2014. Now there are five types of alimony that New Jersey courts may award, and the main factors in choosing the type of alimony are the financial circumstances of each spouse and length of the marriage. Getting back on your feet may require some monetary assistance from your spouse, but it should not be unaffordable, exorbitant or unnecessary. Here is an explanation of the different types of alimony in New Jersey:

• Pendente lite alimony, also called temporary alimony, can be awarded by a judge during the divorce process to help one spouse get on their feet financially. Alimony payments stop once the divorce is final.

• Open durational alimony replaced permanent, or forever, alimony in the fall of 2014. Now, unless there are specific circumstances involved in your marriage, the court will only order this type of alimony if your marriage lasted 20 years or more. There is no set end-date for this type of alimony, but generally, it will end when the paying spouse reaches retirement,

• Limited duration alimony provides for support to be paid to one spouse for a particular amount of time.

• Rehabilitative alimony provide short-term assistance while one spouse is in school or formal job training. It includes a realistic time-frame to complete studies and gain employment.

• Reimbursement alimony takes into consideration the fact that, often, one spouse had to give up advancement of their own career so the other spouse could advance theirs (law school or med school, is a good example of this.) The spouse who contributed financially to the other’s education benefits with this type of alimony arrangement.

Speak to the knowledgeable, experienced alimony negotiation lawyers at Graziano & Flynn to find out which type of alimony is in your best interests.

The court is always concerned with maintaining a manageable standard of living for both spouses. This is the primary goal when calculating alimony awards. However, there is no specific formula New Jersey family courts use to finalize alimony or child support decisions. Instead, judges consider a specific set of guidelines. These include:

• How long the marriage lasted?
• The lifestyle enjoyed during the marriage
• How much each spouse earns?
• Estimated expenses of each spouse after divorce
• The education levels of both parties
• Each person’s history of employment
• The ability of both people to acquire future employment
• Financial obligations such as child support, child custody, assets and debt

An important note: Although this may shock some couples who are divorcing, alimony is taxable income to the spouse receiving it. Moreover, alimony is a tax deduction to the spouse paying it (just like mortgage interest and real estate taxes). It is also not commonly known that alimony either past due or due in the future and child support cannot be eliminated by filing bankruptcy. they are what are known as non-dischargeable debts.

Alimony, also known as spousal support or spousal maintenance, is paid by one spouse to the other to help maintain the lifestyle established during the marriage. It is not awarded in every divorce, but when it is, it can be a source of contentious, ongoing disputes.

At Graziano & Flynn, P.C., in Cherry Hill, New Jersey, we represent both men and women dealing with spousal support issues. Whether you are the party obligated to pay or the party receiving the support, we will do our best to advance your case and protect your interests. With 80 years of combined experience, our attorneys have handled challenging alimony cases, including enforcement actions. Whether it is dealing with the initial alimony effort, enforcing it, or appealing it — we have done it all.

To talk to a New Jersey alimony lawyer, please call 856-499-4351 or toll free 866-948-7568. You can also send us an email and we will respond promptly.

Most people do not realize that there are several different kinds of alimony/spousal support: permanent alimony, limited duration alimony, rehabilitative alimony and reimbursement alimony. Courts consider a host of issues when determining whether alimony should be paid, how much should be paid and how long the payments should last. Some of the criteria courts use when making spousal support decisions include:

• Ability to pay and financial need
• Length of the marriage
• Age, physical health and emotional health of the parties
• Standard of living established during the marriage
• Earning capability, education level and employment opportunities of the parties
• Length of absence from the job market
• Time and expense needed to complete education or training necessary to return to the job market
• The amount of property each spouse receives in the property settlement

Spousal support can be modified when there is a substantial change in the circumstance of either party. A substantial change could include an involuntary change in profession, cohabitating with a partner, a job promotion or disability. However, simply getting laid-off by an employer for a brief period of time may not be enough to trigger a change in alimony payments.

Our New Jersey family law attorneys have broad experience dealing with issues related to alimony and the modification of spousal support orders. As with other aspects of divorce, we believe that it is best to establish alimony payments through negotiation as part of the property settlement agreements. However, when necessary, we will go to court to help establish spousal support awards that protect the financial stability of our clients.

If you are considering divorce and have questions regarding alimony or the modification of spousal support payments, please contact Graziano & Flynn, P.C. We can be reached at 856-499-4351 or toll free 866-948-7568. You can also send us an email and we will respond promptly.

Transitioning into post-divorce life is difficult, and much of this is due to the financial challenges. Fortunately, the battle-tested lawyers at Graziano & Flynn, P.C. will put their years of experience to work for you, ensuring you receive fair treatment during alimony negotiations.

Graziano & Flynn, P.C. offers extensive alimony support and guidance about child custody issues for divorcing couples in Mt. Laurel, Moorestown and throughout all of Camden County, N.J. A supportive, compassionate team is available to handle divorce proceedings and alimony issues. If you need to go to court to request an alimony modification, Graziano & Flynn can help. To consult an attorney who genuinely cares about your interests, contact us today.