The Jersey City Divorce Attorneys at the Artusa Law Firm know about divorce and alimony. Lead Jersey City Divorce lawyer Santo Artusa knows alimony and spousal support in New Jersey very well by handling high income cases in Hudson County and throughout Northern and Central NJ. Alimony in New Jersey is governed by N.J.S.A. 2A: 34-23(b) From the perspective of obtaining alimony for the dependent spouse and trying to mitigate how much alimony a high earning spouse must pay in New Jersey. When seeking a divorce decree or a dissolution of a marriage in New Jersey, Alimony is a major consideration in many divorce cases because of the amount of people in New Jersey that are considered high income earners and/or the gap between the breadwinner and the dependent spouse. Alimony is never a certainty but there are cases in New Jersey that are more likely to be considered alimony cases in New Jersey than others. We at the Artusa Law Firm of Jersey City can help you determine if it is worth seeking alimony or if your spouse has an alimony case against you in a New Jersey Divorce Court whether in Jersey City, Hackensack, Newark, New Brunswick, Elizabeth or elsewhere in NJ.
Alimony. One of the most hated or loved words in the English language. Those who pay, hate it, those you receive it, love it. Either way, alimony can draw extreme reactions from people. Jersey City Alimony and Hudson County Divorce Lawyer Santo Artusa knows this very well representing people who pay alimony and who receive alimony in New Jersey. Alimony can be short term or long term depending on numerous factors according to New Jersey law. You can seek alimony after you file for a divorce or after you file for a non-dissolution action (temporary spousal support).
People often call us and ask CAN I GET ALIMONY? HOW DO I OBTAIN ALIMONY? HOW DO I DEFEND AGAINST AN ALIMONY CLAIM? And like most divorce attorneys in New Jersey the answer is, drum roll……….IT DEPENDS. It really depends on many factors that can be determined with a divorce consultation.
The factors that go into whether someone will get alimony during a divorce case in New Jersey and/or after the case is over is dependent on many things but the biggest factors usually are:
1. Your spouse’s income and Your income and/or your ability to earn. During the case (pendente lite alimony) is more focused on maintaining the status quo, which essentially means the New Jersey Family Court Judge will order that all bills continue to be paid, the mortgage/rent, the cars, child support, etc until the case is over. When the case is over a determination is made as to whether you are entitled to alimony. For example, if your spouse earns $250,000 per year and you earn $85,000 and you have been married for 6 years, the short answer would be yes.
2. How long have you been married? If you have been married 2 years, it is unlikely but you could still get alimony in certain occasions. If you are married for two years, the maximum you would pay is 2 years worth of alimony in New Jersey because of the latest amendments to the New Jersey Alimony Statute, that is the maximum without any exceptional circumstances.
3. Are you able to maintain a lifestyle similar to the one you led during the marriage after your marriage without alimony? While you may or may not, if there is a sizable difference in incomes between the parties and you both led a life utilizing both incomes, you have a very good chance for alimony. The marital lifestyle is a key element of an alimony claim. The New Jersey family part case information statement shows the kind of lifestyle led by the parties to the Judge. The case information statement (CIS) is one of the most important documents with regard to child support and especially alimony in New Jersey. It lays out your expenses, income, assets, debts and so forth. It is a picture of your finances essentially.
4. Do you have children? Having children could lead the judge to award alimony too so that their lives are not disrupted and can go to the same schools and so forth. The amount of child support a parent receives will be affected by an alimony award. Alimony is considered income and will be added to the child support guidelines which are used to calculate child support in New Jersey. For more information about that, visit: New Jersey Child Support Information.
There are additional factors that I can explain if we have a consultation in my office or over the phone. We also have more information on our updated alimony law page. If you truly believe you want a divorce/dissolution of marriage in New Jersey and believe alimony will be in contention whether for you or your spouse, contact the NJ-Divorce Lawyers of the Artusa Law Firm today on 201-706-7910 FOR A FREE CONSULTATION.