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Alimony

Morristown, NJ alimony and divorce lawyers helping family law clients in Randolph, Roxbury, Chester, Mendham and Madison

Your Needs Are Our First Concern

The attorneys at The Darling Law Firm understand the importance of alimony to the lives of individuals who are either paying the obligation or receiving the benefit.  Our attorneys are well-versed in the case law and the statutes which the judges use to decide your spousal support amount.  Our family law attorneys are trained mediators and act as Early Settlement Panelists in the New Jersey Courts where they assist other attorneys in resolving their cases.   With our experience we can explain the manner in which a judge is likely to view your case when applying the law to the facts in your situation.  We will counsel you on what you may anticipate receiving or paying in the event you are involved in an action for spousal support.

Spousal Support Concerns

Whether you are the spouse more likely to be paying support or more likely to be receiving support, there are many concerns we know you have regarding the issue.  In either case, you are facing an uncertain future and wondering whether you will be able to maintain your lifestyle.  You are wondering whether you can remain in  your home or have the means to continue residing in your present community so that your children have some stability during such a major change.   Additional concerns certainly include the amount of the alimony obligation and how it will enhance or detract from your lifestyle depending upon whether you are the payee or payor.  For many, even basic essentials may be a stretch to afford after a divorce.  Alimony is one of the most highly contested issues in divorce cases.

The attorneys at The Darling Law Firm will help you evaluate and assess your financial status before and after your support obligation becomes effective to determine your present and future financial needs.  In the event a Property Settlement Agreement is reached, rather than having a judge decide your matter, you may be able to make certain other concessions to increase or decrease spousal support in the manner most beneficial to your particular situation.  In every case, we work diligently to fully protect our clients’ financial interest so that they can focus on rebuilding their lives.

Factors Used To Determine Alimony

The laws that govern alimony in New Jersey set forth a list of factors that are to be considered by the court when determining the spousal support amount.  The factors are as follows:

  • Duration of the parties’ marriage
  • Need of the spouse seeking support and the ability of the supporting spouse to pay
  • Standard of living that the parties experienced during their marriage
  • Age and health of the parties
  • Earning capacities of the parties as well as education level and job training/skills
  • Foregone career opportunities of the spouse seeking alimony
  • Length of time, if any, the spouse seeking alimony was absent from the job market
  • Parenting responsibilities of either party
  • Whether the spouse seeking support contributed to the career or education of the supporting spouse
  • Time and expense needed for the party seeking alimony to become self-sufficient
  • Each spouse’s contribution to the marital assets, including those of a homemaker
  • Income producing assets of either party
  • division of assets through the process of equitable distribution
  • Tax consequences of the support award for either party
  • Any adidiotnal factors the court believes to be relevant

Strategizing Your Case Creatively

The attorneys at The Darling Law Firm understand that there are many elements involved in a divorce.  Some items more important to you may be less important to a spouse.  This kind of knowledge is needed to assist many parties in resolving what seem to be impasses.  Our attorneys have lengthy and successful records in family law.  We are able to mediate an action between two spouses, with or without counsel, or negotiate a resolution with our adversary long before trial, sparing both parties the stress and anxiety of an emotionally and financially draining trial.  If we cannot resolve the matter satisfactorily through negotiation, we will litigate the matter for you.  Our alimony lawyers will fight hard to achieve the result you need and deserve.

Types of Alimony

  • Permanent Alimony is support awarded to compensate a spouse for economic dependence created during the duration of a long-term marriage and when there is great disparity between the spouses’ earnings
  • Rehabilitative Alimony is a short-term support award which allows a spouse to obtain job skills training or education so that he or she can re-enter the work force and/or increase their earning potential.
  • Limited Duration Alimony is issued when the marriage was short-term and there is no great disparity between the parties’ earnings.
  • Reimbursement Alimony is awarded to a spouse in compensation for financial contributions or sacrifices made to  benefit the professional education, training or development of the other spouse that served to increase the paying spouse’s earning capacity.

If you are considering or have already begun the divorce process but have not yet chosen counsel, now is the time to speak with one of our family law attorneys to learn about your rights and the resolutions available in your matter.  Call us today at 973-584-6200 or contact us by email using the “Contact Us” box below to begin working with the family lawyers at The Darling Law Firm.