7/21/2016

Spousal Support - Are You Entitled To It?

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Divorce can be difficult in multiple ways - physically, emotionally and often times financially. If the fear of financial hardship is preventing you from seeking a divorce, contact one of our experienced divorce attorneys in North Jersey to discuss your options. You may be entitled to spousal support from your partner, which could ease some of the stress of the divorce and allow you to move forward.

Depending on your specific circumstances, you may be entitled to spousal support that can assist you during and/or after your divorce. When both parties cannot come to an agreement, New Jersey law considers several factors on a case by case basis when contemplating the award of spousal support. These factors are found in New Jersey Statutes, Title 2A:34-23, and include open durational, rehabilitative, reimbursement or limited duration support. This allows the court to order the support that it finds most appropriate for your situation. In most cases and with some exceptions, open durational alimony is intended to last until the spouse paying the support is eligible to collect social security benefits. Even so, a court may elect to modify or terminate this obligation prior to that time. Rehabilitative alimony is provided for a limited period of time to allow the supported spouse to establish him/herself financially. Reimbursement alimony is intended in situations where one spouse should be compensated by one spouse making financial contributions towards the other spouseā€™s education or household expenses. Limited duration alimony is alimony for a set number of years, and is intended to apply cases where any other type of alimony award would be inappropriate.

In order to make a determination on support, the court will decide whether there is an actual need for the support for one party and whether or not the opposing party has the ability to pay support. The court also takes into consideration the length of time the parties were married and the age and health of each party - both mental and physical. Other factors the court considers include: the standard of living the parties enjoyed while married, the earning capacities of each, the amount of time the party seeking support has been out of the workforce, parental responsibilities of the parties, time and money required to obtain education or training in order for the requesting party to obtain employment, tax consequences for paying and receiving support, equitable distribution of property, investment assets available, and any other factors the court deems relevant.

Due to the many factors and the complex nature of the determination of spousal support, our family law attorneys will be best equipped to help you sort out your options to ensure that you are receiving the support that you need and are entitled to. At Ruvolo Law Group, LLC, we encourage you to schedule a consultation to discuss your unique situation. Our goal is to provide for the stability of you, our client, and your children.