Atlantic County Alimony Lawyer

For many people, one of the most concerning aspects of a divorce is figuring out what their financial future will look like once the marriage is over. Whether you believe you may be entitled to receive alimony or are concerned about the possibility of paying it, it’s important you understand how alimony works in New Jersey and how it can impact your life once you start your next chapter. Here at the Law Office of Stephanie Albrecht-Pedrick, LLC, you can depend on a knowledgeable and skilled Atlantic County divorce lawyer to help ensure your alimony arrangement is fair and reflects your interests. Contact our firm for comprehensive representation today.

What is the Purpose of Alimony?

Simply put, the purpose of alimony is to help address the financial imbalance that can arise when a marriage comes to an end. In many marriages, one spouse earns substantially more income than the other. In other situations, one spouse may leave the workforce altogether to raise children, care for the household, or support the other spouse’s career.

Because of this, New Jersey courts recognize that divorce can sometimes place one spouse at a significant financial disadvantage. Accordingly, courts may award alimony when doing so is appropriate under the circumstances. Alimony is intended to:

• Help a financially dependent spouse maintain stability after divorce
• Reduce financial hardship resulting from the end of a marriage
• Recognize financial and non-financial contributions made during the marriage
• Assist a spouse in becoming self-supporting when possible
• Promote fairness between the parties

Are There Different Types of Alimony in New Jersey?

Yes. New Jersey recognizes several different types of alimony, and the type awarded in a particular case will depend on the needs of the parties and the circumstances of the marriage.

Many people are surprised to learn that there is not simply one form of alimony. Instead, courts have several options available depending on what is appropriate under the circumstances. The primary forms of alimony in New Jersey are listed below.

Open Durational Alimony

Open durational alimony is generally associated with longer marriages. Unlike some other forms of support, it does not have a predetermined termination date at the time it is awarded.

Limited Duration Alimony

Limited duration alimony is awarded for a specific period of time. This type of support is often appropriate when one spouse needs financial assistance for a defined period following the divorce.

Rehabilitative Alimony

Rehabilitative alimony is intended to help a spouse acquire the education, training, credentials, or work experience necessary to become financially independent. For example, rehabilitative alimony may help a spouse:

• Complete a college degree
• Obtain professional certifications
• Attend vocational training programs
• Re-enter the workforce after an extended absence

Reimbursement Alimony

Reimbursement alimony may be awarded when one spouse financially supported the other while that spouse pursued advanced education or professional training and the marriage ended before the supporting spouse received the anticipated benefit of that investment.

In some cases, courts may award more than one type of alimony depending on the facts involved. As with most family law matters, the outcome will depend heavily on the unique circumstances of the marriage. An experienced alimony lawyer can work to obtain a favorable outcome on your behalf.

Does New Jersey Have Permanent Alimony?

This is one of the most common questions people ask when they begin researching alimony laws in New Jersey.

The short answer is that New Jersey no longer uses the term “permanent alimony.” In 2014, significant changes were made to the state’s alimony laws, and what was previously referred to as permanent alimony was replaced by what is now known as open durational alimony.

That being said, many people continue to use the phrase “permanent alimony” because it remains familiar and widely recognized.

It is important to understand that open durational alimony does not necessarily mean that support will continue forever. While there is no fixed end date when the award is entered, there are circumstances under which alimony may later be modified or terminated. For example, courts may consider modifying or terminating alimony when:

• A spouse retires
• A spouse experiences a significant change in income
• A spouse develops a serious medical condition
• The supported spouse enters into a qualifying cohabitation relationship
• Other substantial changes in circumstances occur

Generally speaking, the length of the marriage remains an important factor when determining whether open durational alimony is appropriate. Longer marriages are more likely to result in substantial alimony awards than shorter marriages, though there are always exceptions depending on the facts of the case. An alimony lawyer here at our firm can help ensure your rights and interests are protected at every turn.

How Do Courts Determine Alimony in New Jersey?

In New Jersey, judges are required to examine numerous statutory factors outlined under  NJSA 2A:34-23b before deciding whether alimony should be awarded, how much support should be paid, and how long those payments should continue. Some of the factors courts commonly consider are as follows:

• The financial needs of each spouse
• The ability of one spouse to pay support
• The duration of the marriage
• The age and health of both parties
• The standard of living established during the marriage
• The earning capacity of each spouse
• Educational backgrounds and employment histories
• The responsibilities associated with caring for children
• The time and expense necessary for education or job training
• Financial and non-financial contributions made during the marriage
• The equitable distribution of marital property
• Any other factors the court deems relevant

During the divorce process, both parties will be required to provide extensive financial documentation. Some of the documents frequently reviewed in alimony cases include:

• Tax returns
• Pay stubs
• Bank statements
• Retirement account records
• Investment account statements
• Business records
• Employment contracts
• Information regarding monthly expenses

As with many aspects of divorce, accurate financial disclosure is extremely important. Failure to provide complete and accurate information can complicate the process and potentially affect the outcome of an alimony determination.

When Does Alimony End in New Jersey?

The answer to this question depends largely on the type of alimony awarded and the specific facts surrounding the case. In many situations, alimony may end when:

• The court-ordered duration expires
• Either spouse passes away
• The supported spouse remarries
• The supported spouse enters into a qualifying cohabitation relationship
• A court grants a request to terminate support based on changed circumstances

Retirement can also have a significant impact on alimony obligations. In fact, retirement-related issues are among the most common reasons parties seek modifications of existing alimony orders.

That being said, it is important to understand that alimony generally does not end automatically simply because one spouse wishes for it to end. In most situations, a formal application must be filed with the court before an existing alimony obligation can be modified or terminated.

Fortunately, New Jersey law does recognize that circumstances can change after a divorce is finalized, as people retire, lose jobs, develop medical conditions, experience changes in income, or encounter other significant life events. When substantial changes occur, courts may consider whether an existing alimony order should be adjusted accordingly.

Contact an Alimony Lawyer in Atlantic County, NJ

The bottom line is that whether you’re seeking alimony or are being asked to pay it, having an experienced family lawyer in your corner can make a world of difference. Here at the Law Office of Stephanie Albrecht-Pedrick, LLC. Our firm is ready to help you understand your options and protect your interests throughout every stage of the process. Contact us today.