Alimony & Spousal Support

Spousal support, also known as alimony, can be a point of contention in divorce cases. It involves one spouse providing financial support to the other so both parties can maintain a fair standard of living post-divorce. Like other states, New Jersey has specific guidelines that courts follow when determining whether alimony is appropriate, how much should be paid, and for how long. 

The New Jersey spousal support lawyers at Zeigler Law Group, LLC provide skilled legal assistance for divorcing couples. Whether you seek alimony or contest it, our attorneys have the knowledge and experience to guide you through these proceedings. Our commitment to helping clients receive fair treatment in spousal support cases makes us invaluable in your divorce or separation process.

What Is Spousal Support in New Jersey?

Alimony is a financial arrangement where one spouse provides regular payments to the other after a divorce or separation. These payments are intended to help the lower-earning spouse maintain a standard of living similar to what they experienced during the marriage. In New Jersey, alimony is not automatically granted in every divorce case, and certain factors influence whether a court will award it.

There are several types of alimony in New Jersey, and the type awarded depends on the length of the marriage, the needs of the parties, and other relevant factors. Courts will examine the income and assets of both parties, the age and health of each spouse, and the standard of living during the marriage when making decisions about spousal support. Our New Jersey spousal support lawyers assist clients in presenting their financial situations clearly to the court, providing the judge with a complete picture before they make a decision.

How Is Spousal Support Determined?

Various factors determine spousal support to create a fair financial arrangement for both parties. New Jersey courts consider various factors, including but not limited to the following:

• Length of the marriage.
• Each spouse’s earning capacity.
• Contributions of both spouses to the marriage, including non-financial contributions.
• Need for education or job training for the lower-earning spouse.
• Each spouse’s standard of living during the marriage.
• Each party’s ability to support themselves independently after the divorce.

Our New Jersey spousal support lawyers at Zeigler Law Group, LLC assist clients in compiling the necessary financial documentation to present to the court, such as income statements, tax returns, and a breakdown of living expenses. This information helps the judge make a more informed decision regarding the amount and duration of alimony.

What Are the Different Types of Spousal Support in New Jersey?

New Jersey law recognizes several types of alimony, each designed to meet the specific needs of divorcing couples:

• Temporary Alimony: This type is awarded during the divorce process to help the lower-earning spouse maintain their financial standing until a final agreement is reached.
• Rehabilitative Alimony: Rehabilitative alimony is provided to help a spouse acquire the skills or education needed to support themselves. This type of alimony is typically short-term and intended to assist the recipient in becoming financially independent.
• Reimbursement Alimony: In New Jersey, reimbursement alimony compensates a spouse for financial contributions made toward the other spouse’s education or career advancement during the marriage.
• Limited Duration Alimony: This is granted in cases where the marriage was not long-lasting, but the lower-earning spouse still needs financial support for a limited time.
• Open Durational Alimony: This is often awarded in long-term marriages where one spouse cannot reasonably be expected to support themselves. Open-duration alimony continues indefinitely unless modified by the court.

Each type of spousal support serves a specific purpose, and the court will decide which is most appropriate based on the case’s individual circumstances.

Can Spousal Support Be Modified?

Yes, spousal support can be modified after issuing the original order, but only under certain conditions. Modifications may be requested if either party’s circumstances significantly change. This could include a change in income, employment status, or health.

For example, if the spouse paying alimony experiences a substantial decrease in income after losing their job, they may petition the court to reduce or terminate the support payments. Similarly, if the recipient spouse experiences an increase in their income or remarries, the paying spouse can request a modification.

Our New Jersey spousal support lawyers assist clients in petitioning the court for modifications of their support orders. This process typically involves presenting evidence of the changed circumstances, such as pay stubs, medical records, or employment termination letters.

How Long Does Spousal Support Last?

The duration of spousal support depends on the length of the marriage, the financial circumstances of each spouse, and the type of alimony awarded. For shorter marriages, the court may grant limited duration alimony that lasts for a few years. Open durational alimony may be awarded in long-term marriages, particularly those lasting 20 years or more. This type of support continues indefinitely unless one of the parties requests a modification.

Certain events can automatically terminate alimony, such as the recipient remarrying or cohabitating with a new partner. Under these circumstances, the paying spouse must petition the court to formally terminate the support. We assist our clients in filing these petitions and gathering the evidence needed to support their claims.

What Happens if Spousal Support Is Not Paid?

Failure to pay spousal support as ordered by the court can lead to serious legal consequences. The recipient spouse can take legal action to enforce the alimony order, which may involve wage garnishment, liens on property, or contempt of court proceedings. In extreme cases, the non-paying spouse may face fines or jail time.

If the paying spouse is experiencing financial hardship and cannot meet their obligations, they can seek legal advice to petition the court to modify the order.

Zeigler Law Group, LLC, works with clients on both sides of spousal support actions, helping them establish agreements and enforce or contest existing orders. It is essential to act promptly in these situations, especially when there is a potential for legal penalties.

Let the New Jersey Spousal Support Lawyers at Zeigler Law Group, LLC Fight to Protect Your Interests

The skilled New Jersey spousal support lawyers at Zeigler Law Group, LLC help divorcing spouses manage fair alimony agreements. To learn more, submit our online form or call 732-361-4827 to schedule a consultation. Located in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, we serve clients in Ocean County, Monmouth County, Mercer County, and Burlington County.