Finding the right New Jersey alimony lawyer for your divorce
When a married person makes the often-difficult decision to get divorced, many concerns may immediately fill their mind: where will the children reside? When did the relationship between me and my spouse deteriorate? And what is to become of my and my family’s long term financial stability?
Ultimately, divorce, in addition to being about emotional estrangement and incompatible differences, is also a financial consideration. Will our marital home be sold, and if so, how will the proceeds be divided? What is the value of my spouse’s company? Who will pay for the children’s education? And, often, the question we immediately think of when we think of divorce: am I entitled to alimony?
Alimony (or spousal support) is defined as financial support ordered by the Court— or agreed to by divorcing parties and their attorneys and/or through mediation— to be given from one spouse to the other.
How does alimony work?
We’ll get into the many issues that factor into alimony, but in general alimony works because the court recognizes one spouse has either sacrificed their career to be the primary caregiver; one spouse significantly out-earns the other spouse, with a much higher income or potential; a decision was made for one spouse to simply not be part of the workforce. There are any number of reasons here, but the court has decided that alimony is appropriate so the spouse receiving it can live a lifestyle reasonably comparable to what they had pre-divorce.
Do you want/need or qualify for alimony?
This may be one of the very first questions someone divorcing may want to ask their New Jersey alimony lawyer. And we get it— divorce can be scary. How am I going to afford the weekly grocery bill, or for all the costs associated with my daughter’s soccer team?
At O’Cathain Law Group, we are all about helping you move forward— that’s our slogan, and it’s also our goal. And alimony is a powerful tool to help you move forward. But we don’t believe that alimony is given or awarded— we believe it’s earned.
Because if you’re reading this, and you’re the party seeking alimony, you know what you sacrificed for your family. Rescheduling the late meeting your boss asked for because you had to pick up your child from an afterschool activity. Accompanying your spouse to their company’s holiday party, while putting your own career on pause for a while. Prioritizing your family and your spouse’s career over your own professional ambitions.
A New Jersey alimony lawyer can help you determine how much alimony you will need, how much alimony you deserve, and how best to get it.
Potential Factors
There are several different factors that may determine the amount of alimony (if any) a divorced spouse may be entitled to. Some of the questions you should discuss with your New Jersey alimony lawyer are:
- What is the potential income disparity between the two spouses? Does one spouse make a lot more money?
- Did one spouse (not necessarily the mother, though oftentimes so portrayed in society) give up career opportunities to take on the brunt of child-rearing? Did one spouse leave the workforce, even if only by tacit understanding?
- What is the health, age and income earning potential of the two spouses?
- Is one spouse going to receive child support as well?
- What is the lifestyle or manner to which those in the family— potentially including the children— have become accustomed? (For instance, a certain car, a summer camp, a family vacation, etc.)
- What will a judge take into consideration?
What if you’re the person who wants to pay less alimony?
If there’s a reason you feel you should pay less alimony (the loss of your job; an unexpected health issue that impacts your finances and/or ability to work; your former spouse clearly in a relationship (because you saw it on Facebook!), you need a New Jersey alimony lawyer to help you with a post-judgment modification.
Work with your lawyer to file a motion to reduce your alimony if your New Jersey Alimony Lawyer thinks you have substantial reasons to do so. The court is there to listen to and consider the case, and hopefully make the right decision. If you feel the alimony you’re paying is too high and not just, why would you delay? You’re losing money! Start the process today.
Alimony in the Garden State
A New Jersey alimony lawyer will know of certain considerations special to the Garden State. Alimony is not automatically awarded in New Jersey; one of the parties must petition the Court for it. Additionally, New Jersey is a state that allows what’s known as “open duration alimony,” which is to say there’s no set end date. Alimony can be revisited during the post-divorce process and revised with considerations towards new or different employment opportunities; health factors impacting ability to work; economic windfalls; etc. Discuss any changes in circumstances with your attorney.
Why we’re the New Jersey Alimony Lawyers right for you
Our Family Law Department has longstanding experience and knowledge in helping clients get the alimony they need to Move Forward with their lives. Whether it’s through mediation, negotiations, settlement conferences or a trial, we’ve seen it all— and we can help you. Our foremost concern is the well-being of you and your family as you start a new chapter in your life, and the financial stability of your family is a big part of that.
Plus, we know New Jersey—we live here, raise our kids here, practice law here. We know New Jersey family law, and we know its alimony laws.
We assign dedicated Family Law paralegals to your case who will work with you and keep you posted, and we have a 24/7 call service— when you leave a message, your attorney gets an email. Let us help you Move Forward.
Divorce, like everything else in life, goes from A to Z— and alimony is right at the top. Call (201) 488-1161, fill out the intake form, or email a dedicated Family Law paralegal to speak with a New Jersey alimony lawyer at O’Cathain Law Group.
