Tag: Types of alimony
Family Law Firm Counseling Men on Alimony and Spousal Maintenance in Brick, NJ
In recent years, women having to pay alimony to their partners has been trending, and it’s important to both parties to know their rights and responsibilities.
The changing role of women in the workplace, the increased financial contributions they are making to the family, not to mention the increased number of men taking active caretaking roles and embracing being stay-at-home dads, has impacted the likelihood that more financially secure women will pay child support and alimony to their spouse in a divorce. “Manimony,” is a somewhat recently coined phrase for the alimony or spousal support payments some high-earning women are being made to pay to their former husbands as part of a divorce settlement. While many women required to pay financial obligations to their exes may say this limits their lifestyle choices and doesn’t reflect their managing a difficult work and home life with almost no support from their spouse, this does signal a significant shift in the way courts are treating women during a divorce.
The number of breadwinning females and mothers is on the rise, according to a 2018 American Academy of Matrimonial Lawyers (AAML) survey in which 45% of lawyers noted an increase in the number of women paying spousal support or maintenance, and there was a 54% jump in mothers paying child support. The long-term implications of these trends are uncertain as the impact of the COVID pandemic on the workplace and school enrollment has seen women comprising nearly 60% of university enrollments and many males opting to secure a paycheck over student loan debt or just choosing to disengage from society. Thus, potentially widening the socioeconomic gender divide.
Divorce and civil union dissolutions are on course to becoming more expensive for high-earning women in New Jersey and around the country. If you have questions about your right to alimony, child support payments, and child custody laws, or if you are dreading the prospect of paying alimony, consult an experienced Ocean County, NJ alimony attorney who can help you negotiate a fair alimony settlement for yourself and your future.
Can Men get Alimony in NJ?
Yes. Although alimony is not granted as part of every marital settlement, and the amount and duration will vary, it is gender-neutral and need-based. Under current New Jersey alimony law, and the five different types of alimony that can be awarded, the higher-earning spouse pays alimony to the spouse who earns less.
Impact of Traditional Gender Roles and Stereotypes When Seeking Alimony in New Jersey
When it comes to determining alimony, actual need, ability to pay, earning potential, education, financial standing, general health of each spouse, length of marriage, marital lifestyle, and any existing prenuptial or postmarital agreements are among numerous factors considered when determining temporary spousal support or permanent spousal maintenance (open duration).
According to Forbes, of the close to half a million people in the United States getting post-divorce spousal support, men make up about 3% of that number. While the article attributes sexist judges in some parts of the country to the low figure, it also states that stereotypes, traditional gender role expectations, and unconscious biases may also be factors that make it harder for men to not only win their cases but also obtain an appropriate amount of financial support for themselves and possibly any children from the marriage.
All sound reasons for men to better understand their rights to alimony during the divorce process, and during the disclosure phase of the divorce when collecting financial records for the Case Information Statement. As this document forms the backbone of most divorce cases and outlines all of the income, expenses, assets, and marital debt.
Meeting with an experienced New Jersey family law attorney can be a beneficial first step for men who are considering divorce and believe they are entitled to alimony.
How Long Will I Be Expected to Pay Alimony to My Male Ex in Ocean County?
The amount and duration of alimony and spousal support varies per case and alimony type which was awarded. If reimbursement and rehabilitative alimony are granted, those payments will end after the required training or education period.
Alimony payments can be terminated or a modification of alimony can be requested if your ex-spouse remarries, begins a cohabitation relationship, the ex-spouse refuses to seek employment or comply with job training, there is an inheritance, or there is a change in circumstances with the payor (death illness, retirement, cost of living, etc).
Contact a Toms River, New Jersey Men’s Rights to Alimony Attorney Today
At The Bronzino Law Firm, LLC we understand that every client has their own unique concerns, priorities, and needs, so we work with you to craft unique legal solutions for a fair alimony settlement beneficial for you now and in your future. Whether you may be the payor or recipient of alimony, we help you to better understand your rights and the impact your spousal support obligations can have on your livelihood and lifestyle. We serve our clients in places like Holmdel, Colts Neck, Millstone, Wanamassa, Ramtown, Bayshore, and places nearby Ocean and Monmouth Counties.
We believe in an honest and communicative approach with our clients and providing them with the best legal service possible. Our family law team has an extensive track record of working tirelessly to protect our clients’ legal rights until a favorable outcome is reached.
Seasoned Attorneys Discuss the Issues Between Divorce and Alimony in Brick and Sea Girt NJ
Serving families in Brick, Sea Girt, Toms River, Wall, Point Pleasant, and across Ocean and Monmouth Counties.
Alimony payments are determined by a New Jersey Superior Court: Family Part judge based on several factors. When a couple is settling on a divorce agreement, these factors determine whether one spouse will receive alimony payments and for how long. There are multiple types of alimony that a spouse could receive, and their circumstances determine which route of alimony the judge will grant.
What are the factors determining whether alimony is awarded?
The court considers multiple factors determining whether alimony will be paid, what type, how much, and for how long. The first consideration is, of course, a spouse’s need for alimony, as well as their ex’s ability to pay alimony. The length of the marriage is also considered when determining whether alimony will be granted, though reaching a certain length of marriage does not guarantee that alimony will or will not be granted. Additional factors taken into consideration are the age and health of each spouse, their standard of living before the split and what types of financial support would be required for both to maintain their standard of living after the divorce, and each spouse’s professional prospects. A spouse who foresought a professional career for the marriage, stunting their earning capacities, educational development, and skillset, will likely be awarded some form of alimony to have the opportunity to “catch up” and enter the workforce in a competitive role. As such, the amount of time a spouse was absent from the job market is also considered.
Parenting responsibilities impact alimony awards, with parents who are granted a larger custodial role often being granted some alimony in addition to child support payments.
A spouse’s financial contributions to the marriage and marital assets are also taken into consideration. Judges will revise any other details of the marriage or the couple and their circumstances that they deem appropriate for determining the alimony arrangement in alignment with the separation.
What are the types of alimony that can be awarded?
There are five types of alimony that a Superior Court judge may award a spouse in a divorce:
Temporary (pendente lite) alimony
It is most often awarded to a spouse during the divorce process to cover legal fees and living expenses and maintain the lifestyle they had before the divorce. This type of temporary alimony usually goes to a spouse who was not working full-time in the marriage and whose partner was maintaining the marital lifestyle before separation. This type of alimony can be modified as situations and capacities change.
Limited durational alimony
It is a payment made to a spouse for a short-term, set amount of time, which is often in alignment with the number of years the couple was married (if fewer than 20 years). While there is a common misconception that alimony is guaranteed to be awarded and granted for the number of years one was married, there is no legal certainty of this. Limited durational alimony is only generally granted in alignment with years of marriage.
Open durational alimony
It is payment to a spouse for an open period of time without a fixed end date. Open durational alimony is often called permanent alimony, though it is important to note that there is no such thing as permanent alimony, and all alimony arrangements can be modified.
It is a payment to a spouse for a specific reason, such as financial support for their re-entry into the job market. Often when a spouse has not been working in a marriage, rehabilitative alimony is paid by the bread-winning spouse to support that spouse in acquiring the education and training necessary to find a job in alignment with their skills.
It is a payment made to a spouse as reimbursement for an investment they made in their partner. An example of reimbursement alimony would be a spouse paying the other back for covering the costs of their medical school tuition and bills. This is the only type of alimony that cannot be modified because the amount already invested does not change.
To ensure that you receive your fair share in a divorce and have your rights fully represented, you must seek the support of a qualified family law attorney.
Contact our Alimony Attorney for a free consultation
If you are navigating a divorce, let us represent you while focusing on aligning with your future.
At Peter Bronzino, we successfully represent in clients Brick, Sea Girt, Toms River, Wall, Point Pleasant, and across Ocean and Monmouth Counties. Whether you have children or not, we can support you in this important time of transition.
Alimony Settlement and Adjusting Spousal Support Award Attorneys Brick NJ
In divorce cases and certain types of separation, New Jersey law clearly states that, depending on need, an ex-spouse may be required to pay spousal support, also known as alimony.
Alimony is awarded for limiting the economic impacts of divorce for the spouse who earns a lower wage or none at all. The two principle reasons that a spouse would be obligated to pay alimony are to maintain the other’s standard of living or to support the process of lower on non-earning spouse becoming financially self-sufficient after the financial dependence often occurs for one spouse during marriage. The length of time or duration of alimony usually does not exceed the marriage’s length; however, this is usually decided on a case-by-case basis.
There are four basic alimony types: open durational alimony, rehabilitative alimony, limited durational alimony, or reimbursement alimony. They each serve a specific need that the non-earning spouse may have.
According to the 2014 New Jersey Revised Statutes Section 2A: 34-23, fourteen primary factors are used to determine if a judgment of alimony is awarded in a divorce hearing:
- The length of the marriage or civil union
- Financial need as well as the ability of spouses to pay
- The physical and emotional health as well as the age of the parties
- The standard of living the couple enjoyed while together.
- Career earnings capacity
- The amount of time the requesting spouse has been out of the workforce
- The parental responsibilities of each spouse
- Time and financial energies required to prepare the requesting spouse to return to the workforce
- Historical contributions to the marriage (both financial and non-financial)
- Equal distribution of property
- Each spouse’s income and assets
- Any and all tax implications
- Legal fees paid by and in support of either party
- Any additional relevant factors
After reaching an alimony settlement, there are several ways in which alimony can be paid, including a one-time buyout instead of ongoing payments, agreed upon by the recipient of the alimony, as well as property holdings in exchange for alimony payments.
Adjusting an Alimony settlement in Monmouth and Ocean County Family Court
It is important to note that alimony modification cases are always challenging for even experienced divorce attorneys. New Jersey law states that alimony may be increased or decreased under certain specific circumstances. If you can show and provide evidence of a change of circumstances with the help of your lawyer, alimony payments can be increased or decreased.
The factors that the court will take into account before increasing an already established alimony award are as follows:
- An increase in the cost of living
- Increase or decrease in the supporting spouse’s income
- Illness, disability, or infirmity arising after the original judgment
- Loss of housing
- Changes in federal income tax law
Moreover, there are also several reasons why a spousal support award may be decreased. Governor Chris Christie signed in 2014 the New Jersey Alimony Reform Act and made it easier to obtain reductions or terminations of alimony as part of this reform. In addition to the loss of employment or retirement, there are specific other reasons why the original alimony arrangement can be lowered. Some of these include:
- If the supporting spouse suffers a serious illness or disability that affects your ability to pay
- If there is a significant increase in supported spouse’s income
- If the supported spouse remarries or begins living or cohabitating with a new partner
- Economic hardship caused when supporting a spouse’s business fails
- A substantial change in the compensation package from the supporting spouse’s employer
- As well as other significant changes that affect supporting spouse’s ability to pay
One of the more common reasons for seeking a judgment to lower alimony is a disability, which can happen suddenly and without warning. However, to qualify for this judgment, the disabled partner and their attorney will need to demonstrate the following conditions of their status:
- proof that the disability is permanent or long-lasting
- proof of medical treatment for their injury
- proof that the disability renders the person incapable of procuring a job equal to that of their career profession
Due to the high burden of proof needed when seeking any modification to an existing alimony judgment, it almost goes without saying that you will need to have a qualified and experienced New Jersey attorney as your Advocate and guide through this often complicated and difficult process.
Wall Township Alimony Lawyer Here to Help You Through the Process
At Bronzino Law Firm, our divorce attorneys team brings extensive experience supporting our clients across Point Pleasant, Brick, Wall, Sea Girt, Spring Lake, and the greater Ocean and Monmouth County Areas in alimony modification proceedings.
Our attorneys are experienced in helping our clients maintain financial stability and gain the judgments they need to maintain the standard of living they are accustomed to.