Haddon Heights Lawyer Helps Clients Obtain Fair Alimony Terms
South Jersey firm assists with all types of spousal support issues
When a marriage ends, a spouse who relied on their partner’s income might have trouble maintaining their lifestyle. Accordingly, New Jersey law authorizes several different types of alimony to help meet the needs of individuals as they transition toward financial independence. The Law Offices of Kelli M. Martone in Haddon Heights offers knowledgeable advice and advocacy to clients who expect to receive or pay spousal support. Relying on 15 years of legal experience, attorney Kelli M. Martone can outline how a court might address alimony given the circumstances in your case. My firm presses to establish fair alimony terms through negotiation or trial advocacy.
What is alimony?
New Jersey authorizes the following types of alimony, which can be provided singularly or in combination with each other:
- Temporary alimony — Also referred to as pendente lite alimony, this type of spousal support is paid while the divorce is ongoing and ends once the marriage is dissolved.
- Limited duration alimony — Even if a person has the ability to support themselves, a divorce can be a disruptive financial event. A spouse might to find a new home and incur other costs as they begin a new phase of their lives. Limited duration alimony allows a former spouse to collect payments for a set period of time in order to make this transition.
- Rehabilitative alimony — This type of alimony is awarded to help a spouse pursue training or education as necessary to establish sufficient earning ability. In these cases, the individual seeking spousal support must submit a rehabilitation plan that outlines specific measures that will bolster their income prospects and provide an estimate of how long the process will take.
- Reimbursement alimony — Sometimes one spouse has invested time and marital finances in the other’s education or professional training. When the divorce occurs before the spouse can reap the benefits of their sacrifice, he or she might be entitled to reimbursement alimony.
- Permanent alimony — Despite the name, permanent alimony does not last forever. It is generally granted when a party is not capable of earning what they need to maintain their lifestyle because they have a disability, are caring for a special needs child or have been unemployed for so long that substantial outside work is not feasible.
Spousal support is never granted automatically, so whichever side you’re on, it’s important to have a tough, skilled advocate representing your interests. A serious violation of criminal law might prevent someone from receiving an alimony award.
How is alimony calculated in New Jersey?
New Jersey has no specific formula used to decide alimony awards, but careful consideration is given to some very specific factors, such as:
- Duration of the marriage — A stay-at-home spouse who hasn’t held an outside job for many years likely will find it more difficult to secure the income they need to support themselves adequately.
- Age and health of the parties — Older individuals and those whose activity is limited due to a medical condition might require alimony to cover basic expenses following a divorce.
- Parental responsibilities — Remaining in the household to take care of a child often diminishes someone’s ability to earn a substantial salary in outside employment.
Sometimes, a significant event will lead one ex-spouse to seek the termination of alimony payments or modification in terms. Reassessment of the award could be initiated by a remarriage, a change in employment status or outside event that prevents a recipient from completing their rehabilitation plan on time.
Knowledgeable attorney outlines what leads to termination of alimony
Remarriage is the most common factor necessitating modification or termination of limited duration and permanent alimony awards. Rehabilitative and reimbursement alimony awards are not affected by remarriage. All types of alimony are terminated should either party die. For divorces occurring on or after January 1, 2019, alimony payments are not tax deductible for the paying spouse and are not declarable income for the recipient.
Contact a determined New Jersey lawyer for assistance with an alimony matter
The Law Offices of Kelli M. Martone in Haddon Heights handles alimony issues for clients throughout Camden and Burlington counties, including post-divorce proceedings concerning modifications and enforcement. Please call 856-432-4587 or contact me online to schedule a consultation.