It is not common, but permanent alimony can be awarded after some divorces in New Jersey. Whether you are expecting to be the paying spouse or the one who receives support, you’re probably wondering exactly how such a deal happens. Our alimony & spousal support attorneys in Bergen County, NJ can give you some of the information you’re looking for.
What is Considered When Awarding Permanent Alimony?
The judge will look at a wide range of factors in an effort to get the most accurate picture of each spouse’s financial situation. Then they will decide who gets paid spousal support, how much it is, and how long the payment arrangement will last. The judge can consider:
- How long the marriage lasted
- The kind of living standards established during the marriage
- The assets and income of each spouse
- The education and earning potential of each spouse
- How childcare responsibilities were divided
- The age and health of both parties
- How marital property was distributed
- If temporary alimony was ordered during the divorce process
These are not the only important things that a divorce court will consider when arriving at an alimony arrangement, but they give you an idea of how a judge can make their decision.
Who Can Be Awarded Permanent Alimony?
The length of the marriage is probably the most crucial element here though. This is because it is rare for permanent alimony to be ordered by a court unless the marriage has lasted over 20 years. Even when it is awarded, it is technically called “open duration” alimony, meaning that it has no end date but could be subject to review in the future.
It is also possible for permanent alimony to be awarded if one spouse would be unable to support themselves financially, even after more education or jobs training.
What Are the Other Types of Alimony?
A judge can also ask someone to pay their spouse different types of alimony. Temporary alimony is used to support a spouse during the divorce process, while limited-duration alimony can support your former spouse for just a short while after the marriage ends. There’s also rehabilitative alimony, meant to help one spouse receive job training or education needed to be independent, and reimbursement alimony, which helps spouses who supported their partner through an advanced education program and expected to benefit from higher income and quality of life as a result.
How Can a Lawyer Help Me Secure a Favorable Alimony Arrangement?
Your lawyer can help you show the court why you should be entitled to alimony and how much you would need to maintain your standard of living. If you’re the paying spouse, your lawyer could help you reduce your spousal support obligations if they seem unfair. Whatever the situation may be, your attorney is there to advocate for you and help you fight for a fair arrangement.
Schedule Your Consultation
There are many types of agreements and compromises that must be made during a divorce, and we are ready to help you handle all of that along with any unexpected headaches. Contact Townsend, Tomaio & Newmark and schedule your consultation with our team today. We would be happy to tell you more about how we can be of assistance.