Legal Question in Family Law in New Jersey
Term of alimony for a divorce
Hi, just recently divorced. Married 13 years. Was awarded alimony of 5 years in Hudson County. Looking back and what some people are saying I should have gotten much more. My atty said if we went to trial we might have gotten more, but then I would have had the outstanding atty trial fee. He was trying to sway me out of that. My ex is a sergeant on police dept, his pay will only go up, i.e. captain, lieutenant. I feel I should have gotten 10. I know it'f an afterthought and can't change it, but I feel like I was taken by everyone.
2 Answers from Attorneys
Re: Term of alimony for a divorce
Could be you were, could be you weren't. You can't decide if this one issue worked out for you without looking at the rest of the case.
Re: Second Thoughts
I am sorry to hear that you are having second thoughts about your decision to settle your divorce under the terms you mentioned and that you question the advice you were given.
It may help to keep in mind that going to trial is never a sure thing. There is no guarantee how the judge would have ruled in your case. Also, judges are generally reluctant to award legal fees and, when they do, it is usually just a fraction of the actual bill.
That said, assuming it is finalized, the terms of your settlement, so far as alimony goes, are unlikely to change. One purpose of settlement is to allow the parties to have finality (to know that if they settle, the case will be over once and for all).
If you have children, you should keep in mind that, unlike alimony, child support may be changed. This is because of State interest in the welfare of children and also because the children are not parties to the divorce. So, if you do have children, in time, if your ex-husband's income increases, you may be able to at least modify child support.