How Alimony Works In New Jersey

BabyOne of the most acrimonious aspects of any divorce case can be alimony. Either the husband or wife may be eligible to receive alimony from their spouse. At Feinberg & Feinberg, we are experienced in representing you, whether you may have to pay alimony or you may be entitled to receive it.

Nancy is well aware that alimony is an issue that requires serious analysis because, unlike child support, there are no specific guidelines. There are numerous factors that need to be considered when determining if alimony is warranted, and if so, how is it calculated and how long it will be paid and received. There are many kinds of alimony as well.

Are You Entitled To Alimony? Or Responsible For Paying?

We will review your circumstances such as your marital lifestyle, your individual incomes and potential incomes, your expenses and the length of your marriage, among other factors, in order to assist you in determining what you can expect. We understand that this is a daunting issue and will protect your rights while seeking the best possible results.

Recent Changes To New Jersey Alimony Law

In 2014, New Jersey's alimony law changed. Unfortunately, many people in the state do not understand how the new law is applied and there are many misconceptions out there. Here is what you need to know about alimony in New Jersey as it stands today:

1. Alimony obligations are more likely to end at full retirement age.

In the past, alimony obligations were often permanent. Under the new law, there is a rebuttable presumption that alimony should end when the "payor" spouse reaches full retirement age under Social Security.

2. The length of alimony cannot exceed the length of the marriage (with exceptions).

In cases involving a marriage of less than 20 years, the duration of alimony cannot exceed the duration of the marriage without "exceptional circumstances." Judges are instructed to consider specific factors when deciding if exceptional circumstances exist.

3. It is now easier to get alimony reduced because of job loss.

With the new law, it is possible to ask the court for alimony payments to be lowered if you have been out of work for three months or more. In the past, most judges required you to be out of work for at least a year.

4. The law change does not apply retroactively (with exceptions).

When the alimony reform was passed in 2014, it did not apply to those currently paying alimony, with one exception: those individuals could still ask for alimony obligations to end when they retire.

Contact Us For Assistance With Alimony-Related Issues

We understand the importance of maintaining a lifestyle substantially similar to that enjoyed during the marriage following divorce or separation. For experienced counsel focused on your family's needs, contact us at 973-200-4090. Our office is located in South Orange/Maplewood and we serve clients in the surrounding areas of New Jersey.