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Edison Township Spousal Support Lawyer

Spousal support, also called alimony, refers to money paid from one partner to another during a separation, through an ongoing divorce, or after a divorce is finalized.

Spousal support payments exist for two primary reasons. The first is to allow both parties in a divorce to maintain a lifestyle substantially similar to the one they enjoyed during the marriage. The second is to attempt to balance the financial consequences of a divorce and prevent an inequitable economic result from emerging.

Spousal support can be the difference between struggling post-divorce and being able to enjoy your new life. That is why it is so important to contact an Edison Township spousal support lawyer who can help you through this difficult time. Contact an experienced family attorney right away. 

Types of Spousal Support Available in Edison Township

As a Edison Township Spousal Support Lawyer knows, the circumstances of a separation and/or divorce may affect the type of alimony applicable to a case. Different types of alimony can be combined when appropriate.

Pendente Lite

Pendente lite – meaning during litigation – can be awarded early in the stages of a divorce. This type of spousal support seeks to maintain the economic position of each spouse during the divorce proceedings. This support automatically terminates when a divorce settlement has been reached.

Open Durational vs Limited

Courts typically do not award open durational support except in cases when a long-term marriage ends and a spouse has a limited opportunity to become self-supporting at the same standard of living that existed during the marriage. Except in exceptional circumstances, open durational alimony is only available when a marriage lasted more than 20 years.

While open durational support has no predetermined date of termination, it is presumed to end when the paying partner reaches the age of full retirement. However, this may be challenged under certain circumstances.

As the name suggests, limited duration alimony only provides for the payment of spousal support for a specific period, often measured in months or years. Typically, courts choose to limit the duration of these payments to a term no greater than the actual length of the marriage.

Rehabilitative

A spouse who needs financial support while they work to reintegrate into the workforce following a divorce may be eligible to receive rehabilitative alimony. Rehabilitative alimony payments are awarded by a court for a specific term wherein the receiving spouse is expected to obtain the skills, education, and/or tools necessary to become self-supporting.

Reimbursement

If one spouse contributed to the career or education of the other, reimbursement alimony can be sought to recover those expenditures. This type of spousal support can include the cost of tuition and living expenses paid by one spouse in support of the other’s advancement during the marriage.

Courts often award this type of alimony when there is not a strong basis for another type of alimony award because, for example, the marriage was too brief or the standard of living was not particularly high.

How is Spousal Support Calculated?

Courts do not have a specific formula to calculate a precise award for spousal support. Instead, a court will consider all relevant information in making their decision. This includes several factors required by New Jersey law among which are:

  • The actual needs of the payee
  • The ability to pay of the payer
  • Duration of the Marriage
  • The standard of living enjoyed during the marriage
  • The likelihood that the same standard of living can be maintained following the divorce
  • The skills, experience, and earning potential of each of the parties
  • Parental responsibilities
  • The contributions each party made to the marriage

The court may consider any other factors it deems relevant. The duration of spousal support payments is also a matter for the courts to decide and rests upon several factors similar to those above.

How a Lawyer Can Address Alimony Concerns

Spousal support awards can shape your life during and after your divorce. Working with an Edison Township spousal support lawyer may be essential to protecting your financial interests now and well into the future.

A dedicated attorney can work tirelessly to defend your interests in spousal support negotiations, in court, and through every step from claim to award. Work to secure your financial freedom following divorce – call today for a free consultation.