Alimony Lawyers Hackensack New Jersey
Alimony Lawyers Hackensack New Jersey
As our alimony lawyers Hackensack, New Jersey offers can tell you, going through the divorce process and determining alimony (or spousal support) is not an easy process. At Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC, we care about our clients and know that whether you are the spouse requesting alimony or being asked to pay it, you want to make sure you are getting a fair deal. Especially when items like alimony and child support come up during the divorce process, you want to know that you have a trusted attorney by your side to help you throughout the whole process. Fortunately, you can receive the legal counsel you need by meeting with experienced and dependable alimony lawyers who will look out for your best interests. They will review your case and work to ensure that the agreement is reasonable. Interested in learning more about alimony? Contact our office to schedule your first appointment with a member of our team.
Understanding how alimony works
In a divorce proceeding, alimony is a type of payment that a spouse can request the other spouse to pay. Some states refer to it as “spousal support” or “spousal maintenance”. The purpose of alimony is to level the financial discrepancy between a couple. It is common among couples who have a large income difference, such as if one spouse significantly outearns the other. It is not a required part of every divorce. If one spouse submits an alimony request, a judge will review it and then determine if it is fair. The longer a couple has been together, the more likely they may be award alimony.
In New Jersey, there are a number of requirements a couple must meet in order to be awarded alimony. There are five types of alimony in New Jersey. If you have further questions about how alimony works, contact a lawyer for a more in-depth explanation.
Alimony can be distributed in a few ways. They can be award in one lump-sum amount or through monthly payments. Sometimes a property transfer is considered in place of money. Alimony laws differ between states, which dictate when alimony is permitted. Once an agreement for the type of alimony is settled on, no changes can be made.
When one spouse is asking for alimony, you may want to know if there is a simple equation that a judge will use to determine what amount to order. However, it is a little more complicated than this. The judge involved in your case will take many things into consideration, including:
- How long the marriage lasted
- How much money each spouse makes
- What the standard of living for each spouse was throughout the marriage
- Who is responsible for children if there are any from the marriage
Couples who have only been married for less than a year and decide to divorce are unlikely to get alimony. Some states actually have a requirement that says couples have to be married for a minimum period of time in order to receive alimony payments. These are just a few things to keep in mind, and your Hackensack, New Jersey alimony lawyers can go into further detail as you begin the process.
Qualification for alimony depends on your unique circumstances, but income is a big factor. After a divorce, it is not uncommon for individuals to make significant changes to their way of living. This also extends to employment. For example, if you make much less than you did before the divorce, you may have to take on additional hours or search for a new job so that you are able to sustain yourself.
What is open duration alimony?
While it is not permanent alimony (and there is not truly “permanent” alimony), open duration alimony does not have an end-date set. This is for couples who have been married for 20 years or longer.
How is an alimony agreement reached?
Both spouses must agree on the amount of alimony and the length of time it will be awarded. If no agreement is made, then you will have to take the matter to court and have a hearing arranged. At the hearing, a judge will review your arguments and determine the final amount and time.
What happens if I ask for alimony and my spouse will not pay it?
If you have been granted an order that states you should be receiving alimony but your spouse will not pay it, you can work with your attorney to file a motion that will force your ex-spouse to pay what they owe you. This can happen through having a warrant placed for your ex-spouse’s arrest or through having their wages garnished.
After an alimony agreement is reached, there are some important things to keep in mind. Keep track of payments awarded and distributed. If you have to pay alimony, make sure you send your payments in on time. Any missed payments may still have to be paid later. For more information about alimony and whether or not you qualify for it, schedule a consultation with an experienced alimony lawyer.
Who can I turn to for help?
You should not feel like you need to go through this on your own. A skilled and trusted attorney from Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC can help you when you are getting a divorce and hoping to have help with alimony, whether you are requesting it or it is being requested of you. To see what our alimony lawyers in Hackensack, New Jersey can do for you, reach out to our office now.