What Are The Different Types Of Alimony In New Jersey
There are a number of different types of alimony awarded in New Jersey. The most common types of alimony include:
- Open Durational Alimony: If you were married to your spouse for over 20 years and are financially dependent, you may be awarded this type of alimony. This alimony can only be terminated if you become financially dependent, or no longer require payments in the eyes of the New Jersey courts.
- Limited Durational Alimony: Dependent spouses in short-term marriages may be entitled to this type of alimony to help them get on their feet. The amount and duration will be determined by the judge.
- Rehabilitative Alimony: This is a short-term support structure created to help the dependant spouse further his or her education. For example, if the dependent spouse deferred his or her career goals or left the workforce to support the other spouse prior to the divorce, this type of alimony will be rewarded.
- Reimbursement Alimony: This structure is used when one spouse decides to go back to school or receive training for a new job and the other spouse pays for it. After the divorce, the spouse that paid may be able to receive this type of alimony to reimburse them for that cost.
Remarriage And Child Support In Michigan
Both parents are responsible for supporting their child until they become adults. So does a new spouse affect child support?
For receiving parents who remarry the addition of their new spouses income might allow the paying parent to request a modification of child support. For paying parents who are unemployed and remarry the addition of their new spouses income might allow the receiving parent to request a modification.
In general, the court wont consider a new spouses income when calculating child support however, that doesnt mean a ex-wifes or ex-husbands financial standing following a new marriage isnt a factor when calculating and modifying child support.
If a supported ex-spouse remarries and the new partner contributes a significant amount to household expensesgiving the supported spouse more income to care for the childthen the paying spouse can ask the court to reduce child support payments.
On the other hand, if the paying ex-spouse remarries and the new partner contributes to the household, then the supported spouse can request an increase in child support paymentssince the paying parent has more available funds to pay for child support.
In some cases, the remarriage of a supported ex-wife or ex-husband could result in an increase of child support payments, especially if the supported spouse loses alimony and the new partner cannot contribute to the household.
Examples Of A Change Of Circumstances
Change in Law: State laws pertaining to support change periodically. When a divorce law changes, this can constitute the change of circumstance that is needed to file for modification of support.
Cohabitation: Support may be reduced or terminated if an ex-spouse cohabitates with another person. If a person is living intimately with a partner, they are cohabitating. If the recipient of support feels a decrease in support is unfair it is his/her obligation to prove there is a need for the support.
Cost of Living Increase: When inflation reduces the value of support payments, the recipient may request a modification based on an increased cost of living as a changed circumstance and request an increase. A request can also be made when the pay or of alimony has a substantial increase in income.
Decreased Need for Support: When a recipients need for support decreases or ceases, the court may reduce or terminate support at the payers request. This can happen when the recipient gets a job with a higher salary, remarries, or begins to cohabitate with another person.
Disability: If payers of alimony become unable to support him/her due to a physical or mental condition, support may be modified. If the recipient becomes disabled, he/she can request a modification to increase support. If the payer becomes disabled, he/she can request a modification to decrease support.
Also Check: Selling Wedding Rings After Divorce
What Is The Result Of A Successful Argument
If the recipient spouse successfully argues for a spousal support modification, the court may order one or a combination of the following changes:
- An increase in the amount of alimony
- An extended duration of alimony payments
- A lump sum or security for payments of future installments in a small number of cases and
- Attorneys fees and litigation costs.
Spousal Support: Why One Party May Have To Pay
Spousal support is typically only meant to help the lower-earning spouse to get on his or her feet. A judge may order it for a few years or longer, depending on the amount of time it should take for the other party to become self-sufficient.
In cases where one spouse stayed home to care for the children and the home while the other was the only income-earner, the court may award the stay-at-home spouse alimony so that he or she can gain the skills necessary to get a job and be competitive in the labor market. Likewise, in cases where one spouse stayed home to hold down the fort while the other went to school or furthered his or her career, the judge may order spousal support.
Related: Protecting assets from divorce: 7 tips to safeguard your future
Also Check: How To File For Divorce In Wi
Can I Stop Paying Alimony If My Ex Remarries
In New Jersey, when the dependent spouse remarries, you can stop paying alimony. However, it is important that you do not stop paying alimony without permission from the court. If you refuse to pay alimony without permission from the court, you can face legal consequences, including:
- Placing liens on owned properties in order to raise funds upon sale
- Work directly with banks to deduct funds directly from checking or savings accounts
- Find the other party in contempt of court which is a criminal offense
- Garnishing wages in order to secure payment
- Seizing property of the other party in order to sell the items to raise funds for alimony payments
If you have any questions about alimony in New Jersey, contact our firm today.
Feels Like Being Replaced
One of the hardest emotional places for a midlife woman to be is when my ex is remarrying someone our daughters age! And youd be surprised how many men go looking for someone to make them feel young again.
I heard a hilarious skit the other day on the radio in my car about a millennial helping his boomer dad fill out his online dating profile. When his son asked for the age range he was looking for, the dad said, 18-35. The son, said, Dad! Youre almost 60! The dad said, okay, change it to 18-35 or 48+
Many younger women love attention from older men and are perfectly satisfied to find a Sugar Daddy who will buy her lots of shiny new things. Often men look for women who are lower on the hierarchy of power than they are. Just look at the sick weirdness of Hollywood and television stars!
Meanwhile, a perfectly normal midlife woman finds herself replaced by a skinny, younger woman who has a pre-childbirth body, and none of the history the midlife woman had with her husband. Its just a hard thing to accept, after all the love, energy, time and loyalty you committed to your marriage, to feel as if youve been left by the curb of life like an old sofa.
Also Check: Divorce In The United States
Termination Of Alimony Upon Death Or Remarriage
Spousal Support Attorney Assisting Bergen County Residents
As alimony can be reduced, modified or terminated upon a showing of changed circumstances, ex-spouses need to know exactly what changed circumstances may lead to a termination of alimony. Whether you are the spouse who is paying alimony, or the alimony recipient, you may have questions about what set of facts will lead to the end of alimony payments. Regardless of which side you are on, the fact is that under current lawin which permanent alimony has essentially been discardedtermination of alimony is likely to occur at some point. For a payor and a payee ex-spouse, having knowledge of termination events is necessary in order to plan for the future. Two of the occasions upon which termination is common are upon the death of either of the ex-spouses, or upon the remarriage of the recipient spouse. For guidance in these types of situations, contact Bergen County alimony lawyer Brian D. Iton. Mr. Iton helps residents of Northern New Jersey understand and protect their rights in this area of family law.
Termination of Alimony Upon RemarriageTermination of Alimony Upon Death
It is a standard rule of divorce law, also based upon New Jersey Revised Statute 2A:34-25, that the obligation to pay or receive alimony terminates upon the death of either ex-spouse. As with remarriage, however, arrearages due to the recipient spouse may still be recovered from or paid to the estate of the deceased spouse.
The Massachusetts Alimony Reform Act
States that general term alimony shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that the recipient spouse has maintained a common householdwith another person for a continuous period of at least 3 months. MARA also specifically allows for rehabilitative alimony to be terminated upon the remarriage of the recipient.
Unfortunately, for the party paying alimony, MARA prohibits transitional alimony from being modified under any circumstances and only allows reimbursement alimony to be terminated upon the death of the recipient. Moreover, you may still need to return to court to officially modify or terminate general or rehabilitative alimony after the remarriage of your spouse.
- 27 Mica Lane, Ste 101Wellesley, MA 02481
Read Also: Legal Separation Vs Divorce In California
An Overview Of How Remarriage Or Cohabitation Will Affect Ongoing Alimony Obligations
Alimony refers to financial support payments one spouse makes to the other, either during or after a divorce. When married couples split, there are various types of alimony courts can award, including:
- temporary alimony, which is paid only while the divorce is pending
- short-term alimony, which is for short-term marriages and lasts only a few years, and/or
- rehabilitative support, which is paid until the supported spouse can get back into the workforce and become self-sufficient.
All of these types of spousal support have a clear end date, which is set forth in the couple’s marital settlement agreement and/or the final divorce judgment.
Courts can also grant long-term or permanent alimony, which is reserved for long marriages, where the supported spouse has little chance of becoming self-supporting. Permanent support can continue until the death of either spouse.
But what happens when the spouse receiving alimony remarries or begins cohabitingliving with someone else? If you’re paying support, do you have to continue making alimony payments? Check your settlement agreement and divorce judgment, which may state that alimony ends if your spouse remarries. Or, you may have agreed that your supported spouse’s remarriage will not terminate spousal support.
If your judgment contains specific language about how remarriage affects your alimony obligation, you’re likely bound by those terms. If it’s not addressed, then you’ll have to look to your state’s laws.
Can New Spouse Income Be Considered For Alimony
When it comes to alimony, the income of a new spouse can sometimes be considered by the court. This is typically only done in cases where the paying spouse has remarried and their new spouses income is significantly higher than their own. In these situations, the court may find that the paying spouse has the ability to pay more alimony than they would without the additional income from their new spouse.However, it should be noted that this is not always the case. The court will ultimately make a decision based on what they feel is fair in each individual situation. So, while a new spouses income could potentially be considered when determining alimony, there is no guarantee that it will be.
Don’t Miss: How Much Does Wife Get In Divorce
How Does Cohabitation Impact Alimony
If two individuals decide to live together for an extended period of time, but are not married, this can prove complex in terms of alimony negotiations and payment from either of the individuals former ex-spouses. Cohabitation is defined as a relationship between individuals who live together but are not legally married. Often, an ex-spouse paying alimony may wish to terminate the alimony payments if their supported ex-spouse is cohabiting with another individual. However, cohabitation does not meet the requirements for alimony termination, even if an ex-spouse collecting alimony is in a new relationship that resembles a marriage. Unless specifically part of an alimony agreement, a paying ex-spouse would still be required to provide alimony.
In addition, the state of Maryland does not recognize the creation of common law marriage, a marriage between two individuals who live together for an extended period of time but are not married. Therefore, a cohabiting couple does not have the same marital responsibilities as a couple that participated in a lawful marriage ceremony.
Cohabitation: Another Reason That Your Alimony Could Stop
If you cohabitate with another person for one year or more, your alimony may also be terminated. Cohabitation is a live-in relationship where the couple acts like they are married that continues for at least one year. Occasional sleepovers do not meet this requirement. In addition, the supporting spouse has the burden of proving that the parties are living together. Even then, the termination of support will not be granted if the divorce judgment provides that cohabitation does not stop the spousal support obligation or the supported person proves that terminating financial assistance would be unconscionable.
Do you have other questions about spousal support obligations or other family law matters in Virginia? Schedule your free consultation with our experienced family law attorneys to discuss your concerns and learn how we can help you protect your rights. Call our Norfolk office to schedule your appointment today.
|
Related Links: |
Recommended Reading: Is Alimony Taxable In Florida
Do You Need To Talk To A Lawyer About Spousal Support
While you can call us to ask, If I get remarried, do I still have to pay alimony? and well be happy to hear from you, please know that the answer is yes. You still have to pay alimony if you get remarried. Otherwise, you can talk to us about changing your spousal support order, or get legal advice on whether youll have to pay alimony as part of your divorce just call us at 989-4425 or get in touch with us online to schedule your consultation. Well help you with every aspect of your divorce, from child custody and child support to property division.
Understanding The Impact Of Remarriage On Spousal Support
If a spouse who is receiving spousal support remarries, this is typically going to lead to the end of the spousal support payments that he or she was receiving. While there may be some limited exceptions, the remarriage virtually always means the paying spouse no longer needs to continue making alimony payments. Child support payments, however, are typically not affected by a remarriage and the paying spouse will need to continue to pay those payments even if the recipient spouse gets married.
If the spouse who is paying support gets remarried, there may be no impact of remarriage on spousal support. The payments will generally need to continue as usual. However, if a child is born to the new marriage, child support typically takes precedence over spousal support. This means that if money is going to the care of the child and there is not enough left over to pay alimony, it may be possible to petition the court for a modification of the spousal support order. Whether a change will be made or not is going to depend upon whether the initial support order was modifiable and whether the paying spouse makes a compelling case for why the support amount needs to decline to leave enough money for the needs of the child.
Recommended Reading: Can You Receive Disability And Alimony At The Same Time
Do I Have To Keep Paying Alimony To My Ex If I Remarry
Yes. The spouse that is paying alimony must continue to make those alimony payments if they remarry or begin living with another person. Because, as the payer of the alimony, your remarriage has no impact on your ex-spouses financial situation or their ability to support themselves, the alimony payments must continue according to the original order. If, however, you are unable to meet the financial obligations of alimony, the court will consider making an adjustment.
California Spousal Support Termination Lawyers
Before stopping alimony payments upon an ex-spouses apparent remarriage, consider connecting with a California family attorney. A lawyer may review any applicable divorce settlements and related court orders for remarriage provisions, and domestic relations firms might even help you lawfully gather evidence of remarriage or cohabitation.
Most ex-spouses do not volunteer information about their remarriage to an ex-spouse, especially if it means automatic spousal support termination. They might, however, agree to terminate support after hearing from an alimony attorney. You may even recover overpayments and additional damages if it appears your ex-spouse willfully hid his/her remarriage or avoided registering a legal marriage to obtain continued alimony. Consider discussing your spousal support termination rights with a local family lawyer today.
- 1370 Brea Blvd., Suite 232, Fullerton, CA 92835
- 5000 Birch Street, West Tower, Suite 3000 Newport Beach, CA 92660-2140
Recommended Reading: Divorce Statistics 2021 By Age
Initial Spousal Support Determinations
As outlined below, its rather difficult to modify existing spousal support orders. So, its important to get things right the first time. Above all, its a mistake for an obligee to assume that the obligors remarriage means a payment increase, so accepting a little less at the outset is acceptable.