Settling the Alimony Issue Post Divorce
Settling the Alimony Issue Post Divorce
Settling the Alimony Issue Post Divorce
When filing for divorce, you come across different issues. An important issue pertaining to divorce is alimony or spousal support. If you and your spouse are capable of settling on this, the proceeding could be quick. However, this is rarely a possibility. You need to consult the legal professionals working at a reputed divorce law firm in this regard.
The key issues to settle are whether alimony is necessary, the amount and the duration of it. Here are a few basics of the alimony related legal directives in New Jersey, as mentioned in the N.J.S.A. 2A:34-23(b).
What are the factors that come into play? The court takes into account the following:
Actual need for it and ability to pay it
Duration of marriage
Property distribution
Income available from investments
History of contributions to marriage, financial and non-financial
Tax consequences
Age and health condition of the individuals
Employability - skills and earning capabilities
Time and expense necessary to acquire employability skills
Length of absence from the job market
Standard of living that needs maintenance
Parental responsibilities
Any other relevant factor
What are the types of alimony available? Here are the details.
Permanent granted when the marriage was long standing (at least 10 years), and there is actual dependence on the part of one spouse.
Rehabilitative (temporary) granted to give the dependent spouse the opportunity to get adequate training and/or employment to support himself/herself.
Limited duration granted in short marriages that have justifiable reasons to support the necessity of dependence.
Reimbursement granted to balance the contributions of one spouse to the other's education or employment capability.
Alimony pendente lite granted on a temporary basis to support the dependent spouse during the divorce proceeding.
Is it possible to increase or decrease alimony after settlement? These are possible if one of the spouses files a petition to this effect. However, you would need to have representation from a New Jersey divorce law firm as the burden of proof is on you.
Is it possible to get an extension? In most cases, this is not a possibility. However, there are exceptional cases where if you can prove a change in circumstances', the court may grant such an extension.
Is it possible to get alimony if you remarry? No. You enter a new marital partnership when you remarry, and your ex-spouse does not require supporting this. Therefore, if you decide to remarry, the alimony obligation stands void.
New Jersey is a city having number of registered law firms. But very few of those are competent enough to solve any complicated legal issues. If you are looking for a New York based reputed lawyer, please visitNew Jersey Lawyer directory to get the required information.
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