Alimony Attorney Northern, NJ
At the Law Office of Heather J. Darling, Esq., LLC we know that alimony has a major impact on your lifestyle no matter whether you are the payor or payee. We will explain to you the statutes and cases that affect alimony and how much the award and duration of alimony will likely be in your matter.
Concerns Relating to Spousal Support
The spouse seeking child support is often concerned about how they will meet their basic needs, whether they will be able to remain in their house or find another residence they can afford within the area they live or want to live. The spouse paying support is also wondering the same things because their disposable income will be reduced. The spouse from whom support is sought is often also worried about having access to the children due to the inability to afford suitable quarters for overnight parenting time while supporting the other spouse.
We will assist you in assessing your financial situation so you can accurately determine your future needs and we will protect those interests to the fullest extent possible in order to allow you to move forward with the knowledge that your financial needs will be met.
Alimony Factors
The New Jersey alimony statute sets forth the following criteria for assessing alimony:
Need of the spouse seeking alimony and ability of the supporting spouse to pay;
· Duration of the marriage;
· Age, physical and mental health of both parties;
· Standard of living the parties enjoyed during the marriage;
· Earning capacities of the parties, education level of each, job training and skills;
· Length of absence from the job market of the spouse seeking support;
· Foregone career opportunities of the spouse seeking support;
· Whether the spouse seeking support contributed to the career or education of the other spouse;
· The parenting responsibilities of either party;
· The time and expense necessary for the party seeking alimony to acquire sufficient education or training to become self-sufficient;
· Each spouses contribution to the marital assets, including those of the homemaker;
· The division of assets through equitable distribution;
· Income producing assets of either spouse;
· Tax consequences of the alimony award to either spouse;
· Any other factors the court may deem relevant.
Creative Strategy
Alimony, equitable distribution, child custody and child support are all part of a divorce and the way each is established can affect the entirety of the situation. For example, if both parties will have overnight parenting time then both will need ample space for the children to have their own rooms, beds, clothing and the like. If only the parent of primary residence seeks overnight parenting time they may wish to retain the marital residence and be willing to give up other assets in exchange to a spouse who would rather enjoy the other assets.
We seek first to negotiate with the other party's counsel to reach a mutually agreeable and beneficial solution and avoid the emotionally stressful process of a trial regarding alimony. If negotiation is not possible then we will fight hard in court to obtain the results you deserve.
Types of Alimony
Not every case is an alimony case but if alimony is warranted, there are four types of alimony awards possible:
· Permanent Alimony is to compensate a spouse for an economic dependence created during a long-term marriage and when there is a very sizeable difference in the spouses earning capacities.
· Rehabilitative Alimony is a short-term award permitting a supported spouse to obtain training or education for the purpose of re-entering the workforce or increasing earning capacity.
· Limited Duration Alimony is typically awarded when the marriage is short and the earning disparity is not great but the circumstances of the case dictate that an alimony award is just.
· Reimbursement Alimony is awarded to compensate one spouse for the financial contributions or sacrifices made for the professional training or development of the other spouse which enhanced the spouse's earning capacity.
No matter which kind of alimony is awarded, it typically terminates upon the supported spouse residing with another in a relationship akin to marriage.
Helping You Move Forward
In order to serve clients throughout Northern New Jersey we have offices in Morris County and Bergen County, New Jersey. We serve clients in Morris, Sussex, Warren, Bergen, Passaic Union, Hudson and Essex Counties. Heather J. Darling, Esq., LLC is your Northern, NJ Alimony firm.
If you are visiting this webpage, now is the time to call 862-251-6821 today to schedule an initial consultation and protect your rights. If you are unable to visit our offices, for your convenience we are willing to schedule telephone conferences with payment by credit card or Paypal at or before the time of service.
Forms of payment accepted: Cash, check, traveler's check, Visa, Mastercard, Discover, money order and Paypal.
