A Fair Alimony
If you see a divorce in your future or find yourself in the middle of a divorce, you must consider possible alimony. The judge may say that you are entitled to receive alimony. However, the judge may also say that you must pay alimony no matter if you are a man or woman. Alimony is all about income versus lesser or no income.
For example, if your income level is much higher than your spouse’s income or your spouse does not have an income, the judge may say you must pay your spouse alimony. Alimony is a type of maintenance payment from one spouse to another to cover living expenses. There are four types of alimony, and the judge could assign any one of these types to you depending on your circumstances.
- Open Durational Alimony
- Rehabilitative Alimony
- Reimbursement Alimony
- Limited duration Alimony
Alimony laws are different for each state. Since this divorce attorney is located in Hackensack, New Jersey, the following alimony laws pertain to that state. Know that all types of alimony stop at the time of death.
Limited Duration Alimony
There is a period of limited duration alimony paid to a spouse related to the length of time you were married. For example, the New Jersey law states that if your marriage lasted for 20 years, alimony payments can last up to but not to exceed 20 years. If your marriage lasted over 20 years, the judge might say that alimony is open-durational. Thus, there is no ceiling of time for when alimony payments stop.
The judge takes into consideration separate residences. The court examines the standard of living during the marriage and if both parties can maintain that same standard after the divorce. Two homes are more expensive. However, if both spouses maintain the same income level is there an ability to maintain this same living standard when married? The court makes sure that one spouse does not have entitlement over the other.
The court may adjust the time of alimony payments according to unavoidable circumstances such as, how old were the partners at the time of marriage or civil union, and how old are the partners at the time of divorce when the court awards alimony payments?
It makes a difference in alimony payments when one spouse is dependent on the other during the marriage. The courts examine the degree and length of this dependency. A simple example is that the wife did not work during the length of time married or worked part-time or full-time for the first year. There are many scenarios for the court to examine.
The court examines the health of each spouse. For example, did one spouse have a chronic illness, or were there unusual circumstances of their health?
Circumstances of careers make a difference in alimony payments. For instance, did one spouse give up a career or career opportunity to support a spouse’s employment? Conversely, did one spouse support the other while obtaining their education for career advancement?
The court must determine if a spouse received a disproportionate share of equitable distribution. For example, was property divided equally? The courts never assume that all property was divided equally. Rules determining the division of debts and assets must be abided by the spouses, such as, were are assets valued correctly? If formal appraisals were needed, were they done? Examples are the home and vehicles. Were all assets and debts incurred during the marriage divided fairly? It is the court’s responsibility to divide assets and debts. However, the court cannot divide assets until the assets have a formal value.
The court considers the primary caregiver of the children. Can or is that spouse able to work to self-support? In addition, the court must make considerations regarding taxes.
If the court determines that a spouse receives this limited alimony duration, the payment amount and time received can change when the spouse’s circumstances change. For example, the length of time alimony payments are received can also be stopped by the court if the spouse’s earnings significantly increase. In these circumstances, alimony payments are no longer needed and are modified.
Reimbursement Alimony
However, this type of alimony payment could be awarded when one spouse supported the other while obtaining further education for a career that increased benefits and wages. Reimbursement alimony awarded cannot be modified or stopped unless both spouses agree. The court can terminate this alimony if it finds cause to do so. However, remarriage or civil unions do not stop these payments unless both agree.
Rehabilitative Alimony
A divorce may mean that one spouse or the other must pay for education or training to reenter the workforce and earn an income. In addition, there are additional costs to consider, such as living costs while in school. This payment pays for these costs. These payments continue until a designated stop date. This person must show the court,
- Proof of rehabilitation
- The steps took towards rehabilitation
- How long it takes for rehabilitation
- Employment during this time
The divorce process can take time, especially if there are unique circumstances. The support of one spouse is essential, so the court may award that spouse with payments during the divorce process called pendente lite alimony. These payments are only temporary to help the spouse who depended on the other financially during the marriage. These payments cover living costs but only until the divorce is final.
When Do I Get Alimony Payments?
In the state of New Jersey, alimony payments ordered by the court can be in one lump sum if this does not overburden the one paying, or the court can order alimony paid in installments. Installment payments are what is usually requested and granted by the court. However, sometimes couples cannot agree on how payments are made, so the court can order an automatic deduction from the person’s wages paying the support unless the spouse is self-employed, such as owing a business and does not receive a regular paycheck. Lump-sum payments can be significantly less than if the person were to pay in installments.
Changing Alimony Orders
Generally, orders for alimony are not modified except and unless there is a significant change in income circumstances. However, during the divorce, the couple agreed, in writing, that the orders for maintenance payments cannot be modified and that changes were not to occur.
One or both persons must prove that there were significant changes to their circumstances. Some examples of changes are as follows,
- The paying spouse entered retirement.
- Income significantly increased or decreased.
It would be best if you addressed possible modification changes with your attorney to protect the interest of both parties and remain within the laws of New Jersey.
About Taxes
The IRS or Internal Revenue Service now considers alimony payments the same as child support payments as of January 1, 2019. This is because alimony payments used to be tax-deductible to the paying spouse, but they no longer are tax-deductible. As a result, the spouse receiving support can not report alimony as income on their personal tax return.
If your divorce was finalized before January 1, 2019, the receiver of support is obligated to report and pay taxes on money received as earned income in the state of New Jersey. However, the spouse paying alimony can consider these payments tax-deductible.
Children Make a Difference in Alimony Payments
Children can affect support payments. However, there are several factors involved surrounding alimony orders that your attorney can review with you.
- Parents must consider and work towards the child developing a strong relationship with both parents. Each parent can embrace and promote the child’s relationship with the other spouse.
- The court recommends that both parents share the rights and responsibilities of the child.
- The court does not care about the parents’ genders but believes that the custody rights of both parents must be equal.
- The court considers alimony payments with child support payments.
The court is sensitive that divorce can be stressful, and one spouse may feel overburdened with financial worries. However, if children are a consideration, they must be taken care of, and the spouse paying must live. As seasoned divorce and family law attorneys, we can help you during this time.
Never try to navigate this judicial system regarding a divorce with the help of a seasoned and experienced divorce attorney practicing family law. Make sure you seek help from a Hackensack Men’s rights lawyer who has your best interests at heart and that of your spouse and children.
