Spousal Support Attorney In New Jersey
Ford Brown Law understands that spousal support can be financially and emotionally complex in the aftermath of a divorce. Whether you’re seeking support or being asked to pay, the stakes can be high. You need a strong New Jersey spousal support lawyer who can advocate for you. As a Black woman-owned law firm, we serve New Jersey families with a commitment to justice and fairness.
New Jersey Spousal Support
National Center for Health Statistics data shows the divorce rate in New Jersey at 2.3 divorces per 1,000 people, which is better than the national average of 3.2 divorces per 1,000. With a marriage rate of 5.1 per 1,000 people, this still puts the average divorce rate at 50%.
In New Jersey, spousal support is financial assistance paid by one spouse to the other after separation or divorce. The purpose of alimony is to help the lower-earning spouse live a lifestyle comparable to the life lived during marriage.
New Jersey law does not follow a strict formula for determining alimony. Courts consider a number of factors to determine whether spousal support is appropriate, the amount that should be paid, and how long payments should last.
Alimony may also be awarded temporarily during the divorce process, for a limited time, or indefinitely in some cases.
Types of Alimony in New Jersey
A New Jersey spousal support attorney at Ford Brown Law can help you understand the different types of alimony. These include:
- Open durational alimony. This form is awarded in marriages that have lasted over 20 years. There’s no set end date unless there’s a substantial change in circumstances.
- Limited duration alimony. This form is more common in shorter marriages. Payments end at a set date or at an established event.
- Rehabilitative alimony. This form is short-term support to help a spouse become more self-sufficient through education, job training, or work experience.
- Reimbursement alimony. This form is granted when one spouse supports the other through higher education with the expectation of shared benefits.
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The courts consider certain factors when determining spousal support. Factors considered include:
- Length of marriage. Marriages over 20 years may qualify for open durational alimony.
- Income of each spouse. This includes salary, bonuses, and passive income.
- Standard of living during marriage. Judges aim to maintain similar living standards post-divorce.
- Age and health of each spouse. This impacts employability and the need for support.
- Future earning potential. Education, experience, and career prospects are factored in.
- Property division outcomes. The equitable distribution of assets can affect support awards.
- Child support obligations. This is considered in conjunction with alimony.
- Prenuptial and postnuptial agreements. These enforceable contracts may dictate or limit spousal support.
While these are a few of the considerations that courts take, there are also factors that, while seemingly important, are not considered when determining spousal support. These include:
- Marital misconduct. New Jersey is a no-fault divorce state, so fault is not considered.
- Gender of the parties. Spousal support is gender-neutral.
New Jersey does not use a specific formula to determine the amount of spousal support awarded. Rather, they consider many factors to decide if alimony is necessary, how much should be given, and for what duration.
Spousal Support Modifications and Enforcement
Life circumstances change. If you’ve lost your job, retired, or become disabled, or your ex-spouse now earns significantly more, you may qualify for an alimony modification. In addition, if your ex-spouse isn’t paying court-ordered alimony, the team at Ford Brown Law can file for enforcement. This could result in:
- Wage garnishment
- Property liens
- Contempt of court penalties
Why Choose Ford Brown Law?
Ford Brown Law brings a diverse, empathetic, and justice-focused perspective to family law. We serve clients across New Jersey from our Gloucester and Woodbury offices. Our team focuses on family law, including a wide range of spousal support cases, from straightforward agreements to high-conflict disputes.
We pride ourselves on our ability to listen to your individual needs, explain legal concepts in clear language, and guide our clients through each step of the process.
Ford Brown Law believes representation should be accessible. That’s why we offer flat-fee pricing for a la carte services, such as agreement drafting and modification requests. We also offer flexible payment plans.
FAQs
Q: What Disqualifies You From Alimony in New Jersey?
A: In New Jersey, you may be disqualified from alimony if the requesting spouse has committed serious marital misconduct, such as hiding assets or engaging in egregious abuse. Cohabitation with a new partner can also either reduce or eliminate your chance of receiving alimony. If the spouse seeking financial help is financially capable or self-supported, the court may deem alimony unnecessary.
Q: What Is the Average Alimony Rate in New Jersey?
A: There is no fixed alimony rate in New Jersey. Judges begin by estimating payments based on a percentage of the paying spouse’s gross income minus a portion of the recipient’s income. The actual amount depends on many factors, such as each party’s financial need, the duration of the marriage, and child support obligations. The overall alimony payment varies by circumstance.
Q: What Is the New Law for Alimony in New Jersey?
A: While there have not been any recent changes to alimony laws in New Jersey, within the past decade, the state did away with permanent alimony and replaced it with open durational alimony for lengthy marriages. For shorter marriages, alimony cannot exceed the length of the marriage. The law also allows for modification to alimony if the paying spouse reaches retirement age or payments can be terminated altogether.
New Jersey Spousal Support Lawyer
Divorce is hard. You shouldn’t have to navigate the complexities alone. Whether you’re facing uncertainty about your financial future or trying to protect your income from unfair demands, we can help.
Call Ford Brown Law today to schedule a confidential consultation with an experienced New Jersey spousal support lawyer and learn more about New Jersey alimony options and how we can better support you.
