Legal Question in Family Law in New Jersey
Alimony and pension
marriage was six years. No children, my salary is about $80,000.00 hers 25,000.00. Does she have any claim to my pension, and would i have to give any alimony. Thank you
3 Answers from Attorneys
Re: Alimony and pension
hi - that portion of your pension that was acquired from the date of the marriage until the date of the filing of the divorce complaint could
be subject to equitable distribution. as far as alimony, the court looks at various factors - e.g., the length of the marriage, lifetsyle of the parties during the marriage, ability of the payor to pay, needs of the other spouse, and so on. each case is different. if you have any other questions, feel free to call me at 609 263-0089. god luck !!
Re: Alimony and pension
Thank you for your inquiry.
Your wife has a claim on your pension from either the date of your marraige or the date of your employment. The cut-off date would be the date that a Complaint for Divroce is filed. As to alimony exposure, I need to learn more details about your situation in order to draw any conclusions.
If you have any further questions, please feel free to contact my office at 732-246-0909.
Re: Alimony and pension
A portion of your pension is subject to equitable distribution, from the date you were married until the date either you separated or from the date the complaint is filed.
Alimony is awarded when it is equitable or fair. There are three different types: rehabilitative, permanent or term. The first two the court awards, the last is something the parties can agree to. Most likely in your situation, and more facts are needed to determine this, rehabilitative alimony may be awarded. Again, it depends. Some factors to look at our: can your spouse make more, i.e., does she have a degree that can earn her more money, is she purposely underemployed, does she have children from a previously relationship that prevents her from working more hours, etc. It may be best to work this out between yourself, but if you have any more questions, you can either call my office, 609-660-1300 or e-mail me at [email protected]