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Putterman Legal

Mays Landing Spousal Support Attorney

Get Help From a Top Mays Landing Family Lawyer

At Putterman Legal, our Mays Landing spousal support lawyer is a skilled, knowledgeable, and experienced advocate for clients. For more than three decades, we have helped real people solve real problems. If you have any specific questions or concerns about the alimony laws in New Jersey, please do not hesitate to contact us today for a fully confidential consultation with a top Mays Landing spousal support lawyer.

An Overview of Spousal Support Laws in New Jersey

Spousal support (alimony) is a payment made by one spouse to the other spouse during or after a divorce. New Jersey law (N.J.S.A. 2A:34-23) allows for the awarding of spousal support on a case-by-case basis. In other words, it is not guaranteed in a divorce in Mays Landing, but it can be awarded if deemed appropriate. There are several types of spousal support in New Jersey, including: 

  • Pendente lite (temporary alimony); 
  • Limited duration alimony; 
  • Rehabilitative alimony; 
  • Reimbursement alimony; and
  • Open duration alimony. 

In any alimony case in New Jersey, a judge must assess a number of different factors courts consider, including each party’s income, earning capacity, age, health, standard of living during the marriage, length of the marriage, and the equitable distribution of marital property. For marriages under twenty years, alimony ordinarily cannot exceed the length of the marriage unless exceptional circumstances exist.

New Jersey courts examine relevant factors to make fair alimony decisions that protect both parties. The goal is to help the former spouse who earns less achieve financial independence over time while recognizing the contributions made during the marriage.

Rehabilitative and Reimbursement Alimony Explained

Rehabilitative alimony serves a specific purpose. It provides financial support while a spouse gains education, training, or work experience needed to become self-supporting. This type of support is time-limited and goal-oriented. For example, a spouse who left nursing to raise children might receive alimony for two years while completing refresher courses and obtaining new licensure.

The supported spouse must show a realistic plan for achieving financial independence. Courts want to see specific steps, timelines, and how the alimony payments will be used. Rehabilitative alimony typically ends when the goals are met or the time period expires. Extensions are possible if delays were beyond the person’s control.

Reimbursement alimony works differently. It compensates a spouse who made financial sacrifices to support the other spouse’s education or career advancement. If one spouse worked multiple jobs while the other attended law school, reimbursement alimony may apply. This support repays the contributions made during the marriage.

Reimbursement alimony cases require clear proof of the sacrifices made and their value. Our experienced family law attorneys gather evidence such as tuition payments, living expenses covered, and opportunities the supporting spouse gave up. This type of alimony is less common but important in divorce cases where one spouse advanced professionally at the other’s expense.

Temporary Alimony During Divorce Proceedings

Temporary alimony provides support while your divorce is pending. Divorce proceedings can take months or even years to complete. During this time, one spouse may need help paying bills and maintaining housing. New Jersey courts can order temporary alimony to address immediate needs.

Temporary alimony ends when the divorce is finalized. At that point, the court may award a different type of long-term support or no support at all. The amount of temporary alimony does not automatically determine the final amount. Each stage involves separate analysis of relevant factors.

Requesting temporary alimony early in the divorce process protects your financial security. Waiting too long can create hardship and weaken your position. Our family law team helps clients file proper motions and present evidence that supports temporary alimony requests.

Open Durational Alimony and Permanent Support

Open durational alimony replaced what used to be called permanent alimony in New Jersey. This type of support applies to marriages lasting 20 years or longer. Unlike limited-duration alimony, open durational alimony has no set end date. It continues until one spouse dies, the supported spouse remarries, or the court orders modification.

Open durational alimony does not mean the amount never changes. Retirement, health issues, or other major life changes can justify modification. New Jersey courts recognize that alimony should reflect current realities, not just circumstances at the time of divorce.

Seeking alimony that is open durational requires showing the marriage was long-term, and that one spouse cannot reasonably achieve financial independence. Age and health matter significantly in these alimony cases. A 62-year-old spouse with limited work history faces very different prospects than a 42-year-old spouse with marketable skills.

Our New Jersey alimony lawyer advocates effectively whether you are requesting open durational alimony or defending against it. These alimony cases involve high stakes because the obligations can last decades. Proper preparation and strong evidence make a significant difference in outcomes.

How New Jersey Courts Calculate Alimony Payments

Calculating alimony payments requires careful analysis of many factors. New Jersey courts do not use a simple formula. Instead, judges review the entire financial situation of both parties. Income matters, but so does earning potential. A spouse who left the workforce to raise children may have lower current income but strong future earning ability.

The length of the marriage creates a significant difference in alimony decisions. Marriages lasting less than 20 years typically result in limited duration alimony or rehabilitative alimony. Longer marriages may qualify for open durational alimony. The standard of living during the marriage also influences how much a spouse may receive alimony.

Factors courts examine include age, health, education, and contributions to the marriage. A spouse who stayed home to support the family made valuable contributions even without earning income. New Jersey courts recognize this when calculating alimony payments. Our New Jersey alimony lawyer team prepares thorough documentation to present your case effectively.

Protecting Your Financial Interests During Divorce

Your financial future depends on the decisions made during your New Jersey divorce. Spousal support can provide financial security or create long-term obligations depending on your position. Understanding your financial interests helps you make informed choices about settlement offers and court actions.

Our family law attorneys review all aspects of your financial situation including income, assets, debts, and future earning potential. We identify relevant factors that strengthen your position whether you are seeking alimony or contesting a request. Property division and child support often connect to alimony issues, so we look at the complete picture.

Tax implications changed significantly after 2017. Alimony payments under divorce orders finalized after January 1, 2019, are no longer tax-deductible for the payor or taxable income for the recipient. This creates a significant difference in the real cost and value of support. Our New Jersey alimony lawyer team explains these tax consequences in clear terms.

When Alimony Can Be Modified in New Jersey

Alimony orders are not always permanent. Significant changes in circumstances may justify modification. Common examples include job loss, serious illness, retirement, remarriage of the supported spouse, or cohabitation. The court system requires proof that changes are real, substantial, and ongoing.

One spouse who loses a high-paying job may seek to reduce alimony payments. However, New Jersey courts will examine whether the job loss was voluntary, whether the person is actively seeking new work, and what the job market offers. A spouse who quits a good job to avoid paying support will not succeed in reducing the obligation.

Cohabitation presents another common reason for modification. If the supported former spouse lives with a romantic partner in a relationship similar to marriage, the paying spouse may request termination or reduction. The court looks at whether the new partner provides financial support, how long the relationship has lasted, and other relevant factors.

Our New Jersey alimony lawyer can help you pursue modifications when circumstances truly change. We can also defend against improper modification requests. Acting quickly and providing thorough documentation improves your chances of success. Changes do not happen automatically, so you must file a motion with the court.

Tax Consequences of Alimony After 2017 Changes

The tax implications of alimony changed dramatically in recent years. For divorce orders finalized before January 1, 2019, alimony payments remain tax-deductible for the payor and taxable income for the recipient. For orders after that date, the tax consequences are reversed.

Under current law, the spouse who pays alimony gets no tax deduction. The spouse who receives alimony does not report it as income. This creates a significant difference in the real value of support. A $2,000 monthly payment costs the payor the full $2,000 with no tax benefit.

These tax consequences affect settlement negotiations and court decisions. Our experienced family law attorneys factor tax treatment into all alimony discussions. Understanding the real after-tax cost and benefit helps both parties make informed choices. Older divorce cases sometimes get modified, and the tax implications may shift depending on when the modification occurs.

Our New Jersey alimony lawyer works with financial professionals when needed to analyze complex tax consequences. High-income divorce cases especially require careful planning around alimony payments, property division, and child support to minimize overall tax burden while protecting your financial interests.

Why Trust Mays Landing Family Lawyer Bonnie Putterman

Going through a divorce is complicated, especially so if spousal support is a big part of your case. As a leading family lawyer, our founder and lead attorney, Bonnie Putterman, has extensive experience handling these cases. Our client testimonials tell the story best. We are proactive, detail-driven, and committed to personalized representation in family and divorce cases in Mays Landing.

Our experienced family law attorneys understand how New Jersey’s alimony laws affect your financial future. We provide clear guidance on calculating alimony payments, protecting your financial interests, and pursuing fair outcomes. Whether you are seeking alimony or defending against an unreasonable request, our team delivers results.

Our family law attorneys serve clients throughout Atlantic County and the surrounding areas. We handle complex alimony cases involving high incomes, self-employment, marital property disputes, and more. You deserve an attorney with legal expertise who will fight for your legal rights.

Spousal Support in Mays Landing: Frequently Asked Questions (FAQs)

How is the amount of spousal support decided?

There is no strict formula in New Jersey. Instead, Judges review each case on an individual basis. They will consider factors courts use, such as income, length of the marriage, health, and the marital lifestyle. Calculating alimony payments involves reviewing both parties’ current income and future earning potential. New Jersey courts also examine contributions each spouse made to the marriage, including homemaking and childcare. The goal is to reach a fair result that reflects the marriage and each person’s financial situation.

How do courts handle the tax treatment of spousal support?

Since the Tax Cuts and Jobs Act of 2017, alimony payments under divorce judgments executed after January 1, 2019, are not tax-deductible to the payor or taxable to the recipient. This change has a major impact on calculating alimony payments and settlement negotiations. Our New Jersey alimony lawyer helps clients understand how these tax consequences affect their case. For divorce cases finalized before 2019, the old tax rules still apply, which can make a significant difference in the value of support.

Can cohabitation justify modification or termination of spousal support?

Yes. The statute allows termination or suspension if the supported spouse cohabits in a relationship akin to marriage. With that being said, the payor will need a court order. New Jersey courts examine the nature of the cohabitation relationship, including whether the new partner provides financial support. Simply dating someone does not trigger alimony termination. The relationship must resemble marriage with shared finances and a committed household. Our family lawyers can help you prove cohabitation if you pay alimony or defend against improper claims if you receive alimony.

What happens to alimony when the paying spouse retires?

Retirement can be grounds for modifying or terminating alimony payments. New Jersey courts consider whether retirement is reasonable based on age, health, and industry norms. A 68-year-old retiring after 40 years of work will be treated differently from a 52-year-old who retires early. The court also examines retirement income, savings, and the supported spouse’s financial situation. Our experienced family law attorneys help clients plan for retirement transitions and protect their rights when alimony modification becomes necessary.

How long does alimony last in New Jersey?

The duration depends on the type of alimony awarded and the length of the marriage. Limited duration alimony typically cannot exceed the length of marriages under 20 years. Rehabilitative alimony lasts as long as needed to complete specific goals. Open durational alimony continues indefinitely for marriages of 20 years or longer. Alimony ends upon remarriage of the supported spouse, death of either party, or court-ordered modification. Cohabitation may also terminate support. Our New Jersey alimony lawyer reviews your specific situation to explain when alimony ends in your case.

Can I get alimony if my spouse cheated during the marriage?

New Jersey is a no-fault divorce state, which means marital misconduct like adultery generally does not affect alimony decisions. However, if the misconduct involved wasting marital property or significantly harming the financial situation of the innocent spouse, it might influence the outcome. New Jersey courts focus primarily on relevant factors like income, need, and ability to pay alimony. Our family law team examines all circumstances of your marriage to determine whether misconduct should be raised in your alimony case.

What if my spouse hides income to avoid paying alimony?

Hiding income is a serious problem in divorce cases. Our experienced family law attorneys work with forensic accountants when needed to uncover hidden assets and income. We review tax returns, bank statements, business records, and lifestyle expenses to build a complete picture. New Jersey courts can impute income to a spouse who deliberately underreports earnings. If we prove income concealment, the court may award higher alimony payments based on actual earning capacity rather than reported income.

Call Our NJ Family Law Team Today

At Putterman Legal, our spousal support attorney has the knowledge, skills, and legal experience that you can trust. If you have questions about New Jersey’s alimony laws, we are here as a resource that you can trust. Contact us today at (609) 625-8383 to set up your completely confidential, no obligation case review.

From our law office in Mays Landing, we handle family law cases in Atlantic County and throughout the region in New Jersey. Whether you face divorce proceedings, need help with alimony cases, or have concerns about your financial future, our team provides the guidance you need. We represent clients in matters involving calculating alimony payments, modifications, enforcement, and all types of support including temporary alimony, rehabilitative alimony, reimbursement alimony, limited duration alimony, and open durational alimony.

Our New Jersey alimony lawyer team delivers personalized service backed by decades of experience. We protect your legal rights and financial interests while working toward fair, practical solutions. Call now to speak with a New Jersey divorce attorney who will listen to your story and explain your options clearly.

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