Paying New Jersey Alimony

Paying New Jersey Alimony

Paying New Jersey alimony is not always as straightforward as it seems. Before you can pay or receive alimony, you and your former spouse must come to an agreement with your attorneys, and a judge. The process involves considering factors like education level, health, current profession, and the standard of living you (and if you have children, your children) had during the wedding. Navigating this process alone can be quite difficult which is why you should reach out to a compassionate and capable alimony attorney. Your skilled family lawyer can work towards a positive outcome for you.

When is Alimony Generally Awarded in New Jersey?

It is difficult to say when alimony is awarded because there is no set number of cases or set criteria that warrants when spousal support should be awarded. The easiest answer to that is, whenever it is deemed appropriate according to the case law and the statute. After going through the factors and after looking at what the trends are in alimony, it would be determined with more confidence if spousal support should be awarded.

Determining the Proper Amount of Alimony

Before paying New Jersey alimony, the amount of the award is determined either by agreement or the analysis of the factors of the statute like:

  • Financial circumstances of the parties
  • Their typical shelter expenses
  • Transportation costs
  • Personal expenses during the course of the marriage
  • What they estimate those expenses will be after the marriage
  • If there are children involved, what the expenses will be for the parent at the primary residence

After looking at the income of the paying spouse, an agreement between the parties as to the amount can usually be reached. If the parties are represented by attorneys, negotiations and conversations are exchanged in an attempt to reach an amicable agreement. If the amount is determined by the judge, it will be determined by analysis of the factors, and then the paying spouse will end up paying New Jersey alimony.

How Does Someone Pay Alimony?

Alimony can be paid directly to the receiving spouse from the paying spouse or the paying spouse can give the money to the appropriate Probation Department where the payments can be made either directly from the paying spouse to the Probation Department or the Probation Department can set up wage garnishment, which means that the money is automatically taken out of the paying spouse’s paycheck.

Examples of Payments That Are Not Spousal Support Award Settlements

Payments that are not considered alimony are basically child support and the equitable distribution of property. If the parties have to sell their home and have to split the equity, that is not considered spousal support. A division of retirement assets is not considered spousal support. Division of joint bank accounts, even if one party is the primary wage earner, is not spousal support.

When are Alimony Payments Influenced By the Health of an Involved Spouse?

Paying spousal support in New Jersey can sometimes be influenced by factors such as the health of the spouses. If there is a mental health disability, it would depend on the level of that disability. If they receive government benefits; whether or not they are able to work or become employed; or whether they will need an additional caretaker.

Those are all qualifications under that last catchall factor and the other factors that the Court may deem relevant, that would need to be addressed, depending on the specific circumstances of the parties.

If there is a pre-existing health condition that would prevent a spouse from working or becoming employed, that would need to be considered as well.

Getting in Touch With a New Jersey Family Law Attorney

Divorces can be difficult enough without the added worry of figuring out who will be paying New Jersey alimony. Let a qualified family law attorney ease some of your stress by working with you, in an attempt to come up with a fair alimony agreement. Contact an alimony attorney today and know that you are in capable hands.

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