How To Avoid Paying Alimony In New Jersey
The best shot at avoiding paying alimony is planning before marriage. A prenuptial agreement can help specify how to deal with finance issues during divorce and how to go about alimony and property division.
In your prenup, you could specify the amount and duration of alimony during a divorce or state that no neither spouse is obligated to pay alimony, notwithstanding the financial circumstances.
Provided the prenup wasnt signed under duress or fraud, and the court finds the terms unconscionable, it will likely uphold and enforce it. However, the court can reject a prenuptial agreement if it questions its legality or if it is too biased.
If alimony hasnt yet been awarded, you can show the court that your marriage was short-term or prove that your spouse doesnt need alimony to meet their financial needs. You may point out that the spouse seeking alimony has another income source, such as inheritance or a trust fund.
You could also show the court that paying spousal support would result in financial hardship for you. The court will likely deny the request for alimony by proving any of these factors.
Is New Jersey Alimony Based Upon My Gross Or Net Income
Alimony is based upon your gross income, unless otherwise ordered by a Judge of a New Jersey Family Court or negotiated in a settlement between the parties and their attorneys.. As divorce lawyers, while our law firm does not provide tax advice to our clients, we do explain how New Jerseys alimony laws are impacted by taxes. As alimony is a tax deduction to the person paying and taxable income to the person receiving the alimony, the difference between gross income versus net income can be immense.
In Schwartz v. Schwartz, David Schwartz appealed the alimony provision within a final judgment of divorce entered by the Superior Court of New Jersey, Family Part of Bergen County dated September 15, 2014.
David and Alison Schwartz got married in the fall of 1997, and had one child together. They divorced in the summer of 2014. At the end of the trial on June 23, 2014, the judge, who just happened to be retiring the very next day, found that Davids base salary was $ 85,000 a year, and and imputed an annual salary of $ 22,500 on to Alison. The court made further note that David earned a monthly commission that fluctuated in value depending on the time of year. The Family Part judge made the decision to calculate alimony twice, based on both the salary, and the commission.
Alimony In Nj: What You Need To Know
Alimony in NJ is a complicated topic. Whether or not youll receive support, how much, and for how long, depends on many factors.
If youre getting divorced, and during your marriage, you didnt work outside the home or substantially supported your spouses education, consult with a family lawyer with experience in alimony cases.
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Morris Plains Alimony And Divorce Attorneys
Since alimony is based on allowing each spouse to enjoy a similar post-divorce lifestyle to that which they enjoyed during their marriage, the first and most important thing to determine is what exactly the pre-divorce lifestyle actually entailed.
Determining the pre-divorce lifestyle involves creating a Case Information Statement, which is a financial summary of the marriage, most importantly the lifestyle over the last year of the marriage. Once the Case Information Statement of each party is prepared, this important documents must be reviewed along with other financial documents like bank account statements, income tax returns, expenditures, outstanding debts and loans, etc. These documents will help determine the marital lifestyle, or the pre-divorce lifestyle. Of course, the more complex a marriages finances, the more each party will want to make sure they have an experienced Morris Plains alimony and divorce attorney on their side to both be able to process the information within these documents, as well as to draw conclusions from them which are fair and accurate.
Once a marital standard of living has been established, the actual alimony negotiation process can begin.
Does New Jersey Have An Alimony Calculator
Does New Jersey have an alimony calculator when it comes to determining the amount of alimony payments? The short answer is technically no. There is no simple formula in which to plug in a few numbers and arrive at an alimony payment amount. Rather, the courts consider a wide variety of factors in calculating alimony, which is otherwise termed spousal support.
While not every divorce involves spousal support, when it is a possibility, it is beneficial to get legal advice from an experienced alimony lawyer in New Jersey. An attorney who is knowledgeable about divorce and its related complex issues will help ensure that you are treated fairly when it comes to the amount of alimony payments, whether you expect to pay it or are seeking spousal support.
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Ensure You Get The Alimony You Deserve
The alimony laws in NJ are complicated. If you believe you are entitled to alimony, contact Lyons & Associates, P.C. online or call us at 575-9777 for a confidential free consultation.
Our lawyers are fully knowledgeable and experienced in all aspects of family law, including in the intricacies of alimony. We will work diligently to get you the best financial outcome possible in your divorce.
How Alimony In Nj Is Calculated
Alimony, or spousal support, is monetary support for an ex-spouse after a divorce. Multiple factors influence the type and amount of maintenance ordered, including the length of the marriage, age and health of the spouses, ability to pay, parental responsibilities, past support, and time out of the workforce.
The New Jersey alimony statute includes five types of alimony: pendente lite, open durational, rehabilitative, limited duration, and reimbursement alimony. It is possible to receive multiple types of support, depending on circumstances.
For example, if you financially supported your spouse through medical school and you divorce you may be entitled to reimbursement alimony.
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How Do Courts Calculate Alimony In New Jersey
Alimony is a form of financial support that an individual must legally provide to their spouse, usually after they have successfully filed for divorce or marital separation. These court-ordered payments will only be rewarded to the party that either makes no income or makes a lower income than the other spouse.
The court determines who the payor is and how long they will pay for. This allowance varies and typically occurs from the date the court order awarding alimony is issued. Retroactive alimony from the date the petition was filed is also a possibility. Many spouses need alimony to financially support themselves during and after a separation. If you have questions about court-ordered alimony, reach out to an attorney right away.
New Jersey’s Bar On Alimony For People Who’ve Committed Certain Crimes
No spouse convicted of murder, manslaughter, criminal homicide, aggravated assault, or a similar offense can receive alimony if:
- the crime resulted in death or serious bodily injury to a family member of a divorcing party, and
- the crime was committed after the marriage.
A person who was convicted of an attempt or conspiracy to commit murder also cannot receive alimony from the person who was the intended victim. Courts also have the discretion to deny alimony for other bad acts. .)
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Factors That Are Considered To Determine Alimony
Under New Jersey alimony laws, there are 23 factors that the Judge must consider when calculating alimony and determining the type and duration. These factors are:
Rehabilitative Alimonytemporary Financial Support
In the case where a dependent husband needs job training and/or education that will lead to employment or a better job or profession, the court may award this form of temporary spousal support. For a husband to receive rehabilitative alimony, he will be required to define what he intends to do to improve his financial status and how long job training or education will take.
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Reach Out To An Experienced New Jersey Alimony Lawyer For Help
It can be frustrating to be ordered to pay alimony, especially if you feel your former spouse was underemployed during the marriage and is still not trying hard enough to earn an adequate income or maybe you feel like you are entitled to alimony because you put your career aside to take care of children to the benefit of your family and didnt have a chance to be financially self-supporting. Either way, we understand the feelings of distress and anxiousness around this topic and will walk you through it step by step.
Our knowledgeable alimony lawyer at Mens & Fathers Rights Divorce Lawyers by Schultz & Associates, LLC will strongly stand up for your interests in ensuring a fair payment with the goal not to wipe you out financially. And if you are seeking alimony in divorce, we can help you as well. Our firm also assists clients in having court-ordered alimony payments enforced. To find out more about how we can help you, call us today at 880-9770 to arrange a consultation with a skillful family lawyer.
Why Permanent Alimony Isnt Actually Permanent Chester Spousal Support Lawyers
A great part of the frequent misunderstanding people had of permanent alimony was the disconnect between the legal definition of permanent, and the way that permanent alimony actually works. The Merriam-Webster dictionary defines permanent as continuing or enduring without fundamental or marked change. However, this was never true of permanent alimony, as not only would permanent alimony terminate upon the death of either party, it would also terminate in the case that the dependent party remarried. Furthermore, the law recognized that permanent alimony obligations were also subject to review and potentially modification should certain circumstances change substantially for either party.
So while permanent alimony was subject to being modified or terminated given certain conditions were met, many people heard the term permanent and were expecting whatever alimony agreement they signed at the time of their divorce to be unchanging and un-modifiable. This confusion over the understanding of the word permanent, and how it applied to alimony settlements was what lead to the term permanent alimony being changed to open duration alimony in 2014.
Beyond this change in name however, the circumstances in which a spouse could expect to receive open duration alimony also changed significantly in the 2014 Alimony Reform Act.
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Alimony Cases That Made An Impact
New Jersey alimony proceedings have been influenced by several cases. Crews v. Crews, 164 N.J. 11 addressed the consequences of excessive alimony. Alimony is intended to help the receiving spouse cover their expenses during this transitional time and get back on their feet. But what if the payor struggles to do the same?
Crews asked the court to modify alimony payments if the payor is unable to pay their own bills because of excessive alimony. The Supreme Court of New Jersey agreed that a person shouldnt go broke paying alimony and payments should be reviewed if the payor is working more than one job to cover alimony costs.
Another common misconception about alimony is that if a spouse is faulted for the divorce, theyll be unable to receive alimony payments. Mani v. Mani, 183 N.J. 70 changed this when the wife filed for divorce on the grounds of adultery and extreme cruelty. The husband responded by seeking permanent alimony. The courts determined the affair did not affect his earnings and therefore would not have an effect on the approval process of the alimony agreement.
Why Is Alimony Important
Alimony is much like child support for the spouse that receives it. In some cases, one spouse is drastically unprepared to care for themselves, or perhaps they cannot as they have duties like taking care of children and dependents. In these cases, if one spouse is not able to make money to support themselves following the end of a marriage, the other spouse is likely going to be asked to pay alimony, at least for a time, to help keep their former spouse from being destitute.
Alimony is a sum of money that can be used for any expense that the other spouse may have. From car payments to house payments, to rent and groceries, this money is not earmarked for any one specific use and can be used to help sustain and keep that former spouse from falling on hard times. If the two agree to a set amount prior to the divorce going to court, it can do a great number of things for the proceedings.
For starters, if the alimony amount is agreed upon prior to the divorce moving forward, it can help to move the proceedings along faster making it easier to get the divorce over and done with. It can also help reduce stress for both parties. The amount of alimony can change over time as can the term that it is paid. In many cases, alimony is only paid so long as the other spouse does not remarry or their overall financial status does not change.
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Alimony Can Be Modified
Alimony can last a long time. During this time, anything could happen. You or your ex could lose a job, develop a serious health issue, or retire. If your financial circumstances change, you can ask the court to modify the alimony order.
One of the most common reasons to seek a modification of alimony is due to a decrease in income. Self-employed individuals must show that their income reduction is involuntary.
Traditionally employed spouses who suffer a reduction in income can ask for a reduction in alimony after 90 days of experiencing that reduction.
The court will consider various factors when determining whether to grant the request, including:
The reason for the income loss The supporting spouses efforts to find employment Whether the supporting spouse has made a good faith effort to find a new job The supporting spouses income The recipient spouses circumstances
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Get answered by an attorney
When seeking a New Jersey divorce lawyer or family law attorney, it is crucial to find a lawyer that not only understands the difficulties you are facing, but has a masterful command of New Jersey State Family Law. Our attorneys at Weinberger Divorce & Family Law Group specialize in Divorce and Family Law. A growing number of our team are Certified Matrimonial Attorneys and are able to call themselves family law and divorce experts.
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Specializing in Divorce & Family Law: Weinberger Divorce & Family Law Group dedicate 100% of their practice to family and matrimonial law. Headed by divorce expert Bari Z. Weinberger, having multiple certified matrimonial attorneys, and with a sole focus on family law, WLG are, therefore, able to say and evidence that we specialize in divorce and family law matters.
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New Jersey Tax Laws Surrounding Alimony
As of January 1, 2019, alimony law has changed in that the payor is now taxed as opposed to the recipient. This is because the government sees more cash flow from the payor, as they are usually in a higher tax bracket.
To learn more about how we can help with your NJ spousal support case,contact us online or call to schedule a meeting with our attorneys today.