Legal Question in Family Law in New Jersey

Re: Alimony? Is it automatic?

Where there is a substantial difference in the earning capacity of two married people and a marriage which is more than a brief marriage the person having the lessor earning capacity is entitled to financial assistance for an amount of time consistent with the length of the marriage. Where there is at least a ten year marriage the person with less earning capacity is entitled to receive permanent financial assistance from his or her spouse necessary to maintain his or her self in the manner consistent with the manner he or she lived during the marriage.

This is an explanation which should be understood in the light of your specific situation and which is better understood after a consultation with an attorney based upon specific information provided by you.

Alimony is not automatic.

Gary Moore

800 273 7933

Re: Alimony? Is it automatic?

Alimony is based on many factors, as set forth in New Jersey statute, as follows: (1) The actual need and ability of the parties to pay;(2) The duration of the marriage;(3) The age, physical and emotional health of the parties;(4) The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living; (5) The earning capacities, educational levels, vocational skills, and employability of the parties;(6) The length of absence from the job market of the party seeking maintenance;(7) The parental responsibilities for the children;(8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;(9) The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;(10) The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair; and (11) Any other factors which the court may deem relevant. With regard to pendente lite (or temporary - prior to final determination) alimony, Courts usually attempt to maintain the status quo, although there is an interesting case that was recently decided which seems to indicate that if the party requesting alimony had changed the status quo, then perhaps that person is not entitled to pendente lite alimony. In any case, every alimony determination is complicated and very fact sensitive. A careful review of your circumstances would be necessary before your question could be clearly answered. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: Alimony? Is it automatic?

Hello,

There are many considerations that go into an alimony determination. Yes, a party has to request alimony, but it is almost always requested.

The New Jersey statute is � 2A:34-23. Alimony, maintenance, and it states in part:

...

In all actions brought for divorce, divorce from bed and board, or nullity the court may award one or more of the following types of alimony: permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either party. In so doing the court shall consider, but not be limited to, the following factors:

(1) The actual need and ability of the parties to pay;

(2) The duration of the marriage;

(3) The age, physical and emotional health of the parties;

(4) The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;

(5) The earning capacities, educational levels, vocational skills, and employability of the parties;

(6) The length of absence from the job market of the party seeking maintenance;

(7) The parental responsibilities for the children;

(8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;

(9) The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;

(10) The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;

(11) The income available to either party through investment of any assets held by that party;

(12) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and

(13) Any other factors which the court may deem relevant.

I would suggest you contact an attorney to help you. Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship, and no one can rely on advice from an attorney who has not been retained. Please feel free to call me at 856-489-8888.

Re: Alimony? Is it automatic?

Alimony is not automatic without consideration of many differenct factors. Basically, the length of the marriage, the life style of both parties during the marriage as compared to the life style of the party seeking alimony after the marriage ends, the distribution of property, the skills and education of the party seeking alimony, whether children are being cared for by the party seeking alimony, whether the party who must pay alimony is able to pay and the age of the party. These factors and more must be considered. If you wish to discuss these issues further please call me at 201-330-0722.

No attorney/client relationship can exist without a signed retainer and a statement of client's rights under NJ law.