Legal Question in Family Law in New Jersey
Alimony and property
We were married for 5 years together for 13. I brought a house in my name only 2 years before we got married. She did not put down any down payment. The house always remained in my name. We both did upkeep of the house but nothing was done to it to increase the value. The value of the house is base on what the houses are going for in our neighborhood. Is she entitle to half the house? The other question is alimony. I have residential custody of the children. I make about $60,000, she makes about $35,000. Will I have to pay her alimony? She left me with the children and see them everyother weekend. I know she will have to pay child support. Is there any circumstances that will will have to pay her alimony. She is able body. Capable of make more.
3 Answers from Attorneys
Re: Alimony and property
Its possible. You should really speak to a good attorney to discuss all of issues in your case as you cannot consider any one issue in a vacuum. You have to look at the big picture.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: Alimony and property
As to the house issue, she may be entitled to one-half of the increase in the value during the time that you were together. As to alimony, it depends on the several factors set forth in the alimony statute. Based on what you have indicated, there are factors that would mitigate both in favor of and against alimony. So it is very important that your best case be presented so as to limit or negate your alimony obligation. For that, you will likely need an attorney.
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 facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. Good luck! Rob Gleaner
Re: Alimony and property
So long as you did not deed the house to yourself and her the house is solely yours and is nost subject to equitable distribution.
As for alimony, the question is a bit more complex because there is the question of whether she is capable of earning more. Secondly, a five year marriage entitles her to temporary alimony at most.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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