Spousal support – also known as alimony – is the recurring payment from one spouse to another during or after a divorce or legal separation. Spousal support payments are intended to keep the receiving spouse’s standard of living as close as possible to what it was during the marriage.
Spousal support is not always an issue when dealing with divorce or separation. In fact, only about 10-15% of divorces and separations include spousal support in the final order and judgment. However, if you find yourself facing an alimony dispute, you can count on the New
Jersey divorce attorneys at The Law Offices of Cindy Ramjattan-Paul, P.C. to represent you in negotiations or in court. Whether we can find a solution outside of court or we have to take your case to trial, we can be there by your side to ensure that a favorable resolution is met.
Temporary spousal support – which is only paid during the pending divorce, annulment, or legal separation – is usually calculated by the judge based on a formula, taking into account the couple’s finances. The determination of spousal support after the case is concluded is much more complex and can be a very contentious and litigated issue.
The amount of spousal support (if any) to be paid once a divorce or legal separation is finalized depends on the trial court judge’s evaluation of 15 unique factors.
In making a determination on spousal support, the judge will examine and consider the following factors under New Jersey Family Code Section 4320:
raising the couple’s children
With respect to the duration of spousal support, the trial court judge generally has broad discretion in determining a date of termination. However, the general rule is that support payments last for one-half the length of the marriage. If the marriage has lasted 10 or more years, the trial court will generally not establish a date of termination for the spousal support obligation. The paying spouse, however, may request to terminate support at a later date.
Spousal support typically ends when one spouse dies or when the recipient spouse remarries.
Due to the complexity of the above factors and the enormous amount of discretion the trial court judge has in making a determination, it is often preferable to make every effort to settle this issue before going to court. Our New Jersey divorce attorneys can help you seek a positive resolution outside of court.
If a settlement proves impossible, we understand the nuances and factors under Family Code Section 4320 and can effectively present the factors in your favor to the court.
If you are interested in learning more about your options for family law in New jersey , call Cindy Paul at (973) 542-0200 or mail us @ email@example.com