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Alimony and Divorce

Alimony is awarded to a divorcing husband and wife because they have acquired economic dependence upon the other party during the parties marriage.

New Jersey Alimony Attorneys & Divorce Lawyers

In New Jersey, alimony is awarded to a divorcing husband and wife because they have acquired economic dependence upon the other party during the parties marriage. “Acquired economic dependence” is determined by the Court applying the statutory factors and, in so doing, examining the length of the party’s marriage, parental responsibilities, earning capacities, educational levels, physical and emotional health of the parties, and perhaps, most importantly, the standard of living established by the parties in the marriage or civil union.

Alimony focuses on the parties “marital lifestyle” with the goal maintaining each party in a reasonably comparable lifestyle as they were able to enjoy during the course of the marriage.

Accordingly, unlike child support; which focuses primarily upon the parties income-earning abilities, alimony focuses on the parties “marital lifestyle.” The goal is to maintain each party in as reasonably a comparable lifestyle as they were able to enjoy during the course of the marriage. Obviously, however, maintaining two households rather than one generally means they’ll be less, rather than more, disposable income for each of the parties to spend after they divorce. In New Jersey, the alimony statute was amended on September 10, 2014; now, the term of the alimony awarded will be more directly impacted by the duration of the parties’ marriage, cohabitation will more likely result in the termination of a alimony, and it will be much easier to terminate and/or reduce alimony because of retirement.

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