Alimony and Spousal Support

Alimony and Spousal Support

Alimony & Spousal Support Attorneys in Bergen County NJ

Serving New Jersey Clients in Spousal Support & Alimony Cases

During the divorce process, the issue of alimony or spousal support can represent a significant impediment to resolution, raising questions of investment in the marriage, entitlement, and power dynamics. Unfortunately, these determinations are never cut-and-dry, leaving much room for interpretation from both parties. From the outset, it is difficult to know whether either spouse is entitled to alimony and if so, how much, and over what period. These payments intend to ensure that both spouses maintain a lifestyle similar to that which they enjoyed during the marriage after it is dissolved. To protect your interests and your financial future, it is imperative to consult with a knowledgeable legal professional who can ensure that you are neither exploited nor deprived of the compensation that you deserve.

At Townsend, Tomaio & Newmark, we have dedicated our practice entirely to divorce and family law because of the experience and skill that is necessary to master these complex and highly contentious issues. With three partners who are included in the only 2 percent of lawyers recognized by the Supreme Court of New Jersey as a Certified Matrimonial Law Attorneys, we bring a diverse and extensive body of knowledge to each case, providing our clients with the resources of a large firm and the personalized attention of a small one. To discuss your unique situation with one of our seasoned divorce attorneys, contact our offices. We are always available to answer your questions with a cost-free consultation.

Alimony and Spousal Support in New Jersey

Alimony, also known as spousal support, is defined as the required payment made from one ex-spouse to another following a divorce. These payments were formerly bound by gender roles, with men making payments to their former wives, but alimony and spousal support are now entirely gender-neutral. Although there is no distinct formula used to determine alimony arrangements in New Jersey, there are several factors that must be considered during these evaluations. According to N.J.S. 2A:34-23, factors that must be considered when determining alimony include:

  • The actual need and ability of the parties to pay;
  • The duration of the marriage or civil union;
  • The age, physical and emotional health of the parties;
  • The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;
  • The earning capacities, educational levels, vocational skills and employability of the parties;
  • The length of absence from the job market of the party seeking maintenance;
  • The parental responsibilities for the children;
  • The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment and the opportunity for future acquisitions of capital assets and income;
  • The history of the financial or non-financial contributions to the marriage by each party, including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
  • The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
  • The income available to either party through investment of any assets held by that party;
  • The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;
  • The nature, amount and length of pendente-lite support paid, if any, and
  • Any other factors which the court may deem relevant.

Contact our Alimony and Spousal Support Lawyers to Discuss Your Case

As mentioned previously, there is no concrete formula for determining alimony or spousal support, which means that these arrangements are highly variable and may be decided on a case-by-case basis. With the potential for such dramatic inconsistencies in outcomes, it is essential to enlist a knowledgeable divorce attorney who can aggressively advocate for your interests. Our seasoned legal professionals are well-versed in the case law on this issue and we leverage 75 years of combined knowledge to make a compelling case for your desired result. To speak with one of our Bergen County family lawyers today, contact our Hackensack offices at 201-397-1750 for a free consultation.

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