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Red Bank Alimony/Spousal Support Lawyer

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Red Bank Alimony/Spousal Support Lawyer

Red Bank Alimony/Spousal Support Lawyer

Do you have questions about your alimony obligations in Red Bank, NJ? Also known as spousal support, it can quickly become a hotly contested matter in divorce cases. It’s critical to hire an experienced Red Bank alimony/spousal support lawyer who can protect your interests. 

Our lawyers at The Law Office of Jennifer J. McCaskill, LLC, have over 20 years of experience practicing family law. We have the skills to help families like yours resolve even the most complex family law matters. 

Alimony is handled differently than child support. Alimony obligations are not automatic when you and your spouse decide to file for divorce. To learn more about how our attorneys can help, call our law offices in Red Bank, New Jersey at (732) 747-1882 to schedule a free consultation today.

Why Should I Call The Law Office of Jennifer J. McCaskill, LLC, for Help Resolving Alimony and Spousal Support Issues in Red Bank?

Why Should I Call The Law Office of Jennifer J. McCaskill, LLC, for Help Resolving Alimony and Spousal Support Issues in Red Bank?

Alimony is a complex area of law in New Jersey. While child support obligations are generally based on concrete formulas, courts have significant leeway in resolving alimony issues. You deserve to have an experienced Red Bank family lawyer advocating on your behalf.

Super Lawyers have recognized our team at The Law Office of Jennifer J. McCaskill, LLC for the past seven years running. We’ve helped countless clients like you resolve sensitive family law matters favorably.

When you hire us, you can count on us to:

  • Provide sound legal advice at every stage
  • Discuss options for reaching a fair alimony arrangement
  • Help you locate details about your spouse’s finances, including any hidden assets
  • Handle the paperwork and legal filings
  • Negotiate and facilitate mediation with your spouse
  • Protect your interests at any hearings before the family law judge

Do you have questions about alimony in New Jersey? Call our Red Bank family law attorneys for the quality legal representation you deserve.

Overview of New Jersey Laws on Spousal Support

Spousal support is a payment made by one spouse to their ex-spouse after a divorce or separation. Spousal support in New Jersey isn’t automatic. The family law judge will evaluate the couple’s unique situation when determining whether alimony is appropriate.

Gender is never a factor in making alimony determinations. Spousal support may be available to spouses in a traditional marriage. Individuals in civil unions and domestic partnerships also have the right to pursue alimony.

What Issues Do Family Law Judges in Red Bank Consider When Ordering Alimony Payments?

Family courts in New Jersey consider various factors when resolving alimony and spousal support issues.

Under New Jersey’s spousal support laws, the key factors that the court will consider include:

  • The recipient spouse’s need for support
  • The paying spouse’s ability to pay
  • The length of the marriage or civil union
  • Each party’s age and health
  • The standard of living established during the marriage
  • The likelihood that each party will be able to maintain that standard of living after divorce, recognizing that each party has an equal right to maintain that standard
  • Each party’s earning capacity, education and employability
  • Whether the recipient spouse has been absent from the labor market and for how long
  • Each spouse’s parenting responsibilities and custody arrangements
  • Each spouse’s contributions to the marriage, including financial and non-financial contributions
  • The length of time it will take for the recipient spouse to obtain education or training to obtain employment
  • The spouses’ property distribution arrangement
  • Each spouse’s assets and financial resources
  • The tax consequences of the alimony arrangement
  • Any temporary alimony arrangements ordered during the divorce

In reality, courts have the authority to consider any factor they deem relevant when making alimony determinations. Notably, each party’s child support obligations or alimony obligations from a prior marriage may be relevant. 

What Types of Alimony Do Family Courts in Red Bank Recognize?

Five primary types of alimony arrangements are recognized in New Jersey:

  • Pendente lite alimony: Pendente lite alimony arrangements are temporary. The court can temporarily require one spouse to make payments to the other while divorce proceedings are in process. Pendente lite arrangements are designed to allow the recipient spouse to maintain their standard of living until a final order is in place.
  • Open durational alimony: Open durational alimony arrangements are only granted when a marriage has lasted longer than 20 years. That’s assuming there are no exceptional circumstances. Although open-ended alimony arrangements technically have no end date, they terminate when the recipient spouse reaches full retirement age.
  • Limited duration alimony: Limited duration alimony has a set end date. The overall duration of the alimony payments can’t exceed the length of the marriage. The purpose of limited duration alimony is to help the receiving spouse become self-supporting after the marriage has ended.
  • Rehabilitative alimony: Often, one spouse will forgo education and career in order to provide household or childcare services. Rehabilitative alimony is awarded to help the spouse pay for education or job training. Rehabilitative alimony can be paid in installments or as a lump sum. 
  • Reimbursement alimony: In some marriages, one spouse works in order to allow the other spouse to pursue career opportunities. Courts can order one spouse to repay their spouse for these financial contributions. They can also order a spouse to pay the reasonable value of household services that allow them to advance their careers. 

The type of alimony you may receive depends entirely on your unique circumstances. It’s critical to have an experienced Red Bank alimony/spousal support lawyer in your corner. Our team at The Law Office of Jennifer J. McCaskill, LLC, has the skills to protect your interests. Contact us today to learn more about your legal rights.

What is Palimony?

Palimony is similar to alimony or spousal maintenance. Palimony is awarded in cases where a couple separates but never legally married or formalized a civil union. You must have a formal contract in place to receive palimony in New Jersey.

Under New Jersey law, for palimony agreements entered into after January 18, 2010, you must prove:

  • You and your partner were not married
  • You lived together in a relationship that resembled a marriage
  • You had an agreement whereby one spouse would provide financial support in the event of a breakup
  • That agreement was in writing and signed by each party
  • Both you and your partner obtained independent legal advice before signing the palimony agreement 

Palimony cases are generally governed by contract law. If you have never been married and have questions about your right to financial support, contact our lawyers at Red Bank today.

How Long Does Spousal Support Last in Red Bank?

The duration of the marriage is the key factor in determining how long alimony will last in New Jersey. The longer the marriage, the longer alimony obligations are likely to last. Courts also consider the factors listed above. The judge will also consider the practical impact of maintaining separate residences.

When a marriage or civil union lasts for less than 20 years, the duration of the alimony payments cannot be longer than the duration of the marriage. That’s true unless exceptional circumstances exist. 

Exceptional circumstances may involve:

  • The age of the parties, both at the time of the marriage and at the time alimony is awarded
  • The degree to which one spouse depended on the other financially during the marriage
  • Any unusual or chronic health problems
  • Whether one spouse gave up a career or career opportunity to help further the other spouse’s career
  • Whether one spouse received a disproportionate share of the marital assets
  • How the marriage impacted the spouse’s ability to become self-supporting
  • Tax consequences

In cases involving limited-duration alimony, the court will also consider how long it will take the recipient spouse to become self-supporting.

Can a Spousal Support Order in Red Bank Be Modified After an Order is Finalized?

When circumstances change, it may be possible to either modify or terminate an existing spousal support order. Modification can be based on:

  • A change of circumstances for either spouse
  • Something that the court thought would occur but never happened

Spousal support orders are often modified based on a change in one spouse’s financial circumstances. Generally, courts can modify the amount of the payments. They can only modify the length of the alimony payment term when unusual circumstances exist. 

Whether you’re requesting a modification or contesting a modification, you’ll need evidence to prove your case. That evidence can include financial documentation, tax information, affidavits, and other paperwork. If your former spouse’s earnings have increased and you’re requesting additional payments, you’ll also need information about their current financial position.

Modifying a spousal support order can be a complicated process. It’s important to have an experienced attorney by your side. 

Call an Experienced Red Bank Alimony/Spousal Support Lawyer for a Free Consultation Today

Spousal support is often a bitter and contested issue in divorce cases in New Jersey. Our experienced Red Bank alimony/spousal support lawyers have the skills to help you reach a fair resolution. Contact The Law Office of Jennifer J. McCaskill, LLC today. We’re always available to discuss your case and develop the best strategy for your situation.

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