Alimony in New Jersey – An Overview

AlimonyIf there’s a common thread that runs through just about every divorce, it’s money. It may have been a significant contributing factor the breakup of your marriage—more than one third of people in a recent poll cited financial problems as a cause of relationship stress and it’s long been the primary reason people file for divorce. More often than not, though, the biggest conflicts involving money in a divorce are about what happens when the proceedings are over. In this blog, we look at how the courts determine whether alimony/spousal support is warranted and, if so, the factors that go into its calculation.

Alimony in New Jersey

In New Jersey, the decision to grant alimony is determined on a case-by-case basis and is gender-neutral—that means that man or a woman can receive spousal support. Alimony can take a number of forms:

  • Permanent support—an order requiring payment for the remainder of the recipient’s life
  • Temporary alimony—an order requiring payment for a specific period of time
  • Rehabilitative alimony—an order requiring payment until the recipient has either obtained education or training to become self-sufficient or has become employed

The court may take a wide range of factors into consideration when calculating alimony, including:

  • How long the parties have been married
  • The health and age of both parties
  • The standard of living while married
  • The potential earning capacities of both parties
  • The actual needs of the recipient, as well as the ability of the other party to pay
  • The extent to which each party played a significant parental role during the marriage
  • The property settlement in the divorce proceeding
  • Any income producing assets owned by the recipient

Contact Attorney David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Allocation of Income Tax Exemptions For Children and Deductions For Real Estate – An Often Overlooked But Important Issue In Divorce and Separation Situations

calculator-385506_640Many people in divorce and separation proceedings simply assume (1) the primary custodial parent of a child receives the child’s income tax exemption and (2) the party living in a house or condo receives that property’s deductions (e.g., real estate taxes, mortgage interest).

Those are the general rules – but parties can negotiate a different result and courts can order a different result, if asked.

When exemptions and deductions are negotiated, they are often evenly divided.  If there are two children each parent takes one, or if there is one child the parties alternate taking the child every other year.  The real estate deductions can be divided similarly.

As your attorney, I can also use the exemptions and deductions to “trade off” for something else that’s important to you.

Contact Our Divorce and Family Law Practice

To set up an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you weekdays between 9 am and 5 pm. We won’t take your case unless we know we can help.