Monmouth County Spousal Support Lawyer
The terms of a divorce can be very complicated. One of the most contentious issues is how much support one spouse should pay to the other, if any.
You need an experienced spousal support attorney in Monmouth County on your side, no matter which side that is – whether you are trying to get your former spouse to pay support, or trying to avoid paying alimony.
It is in your interest to negotiate these matters outside of court. If you have to get a court to impose an agreement, the outcome is unpredictable and the attorney fees may be much higher.
A knowledgeable divorce attorney can build a case to help produce a successful outcome on your behalf.Financial Needs
An alimony lawyer in Monmouth County should be able to get an individual to an alimony settlement they are comfortable with, whether they are paying or receiving the payment.
One of the most important issues is whether a prenuptial agreement was signed, and if so, if it is enforceable.
A separation or divorce often creates an imbalance in the income and standard of living of the two spouses. Alimony is financial support paid by one person to the other to equalize things. It may be awarded as a temporary source of income during the divorce proceedings, for a specified period of time, or on a permanent basis.
Judges have considerable discretion in awarding alimony, including the amount and duration. A qualified spousal support lawyer in Monmouth County will help an individual consider alimony in the broader picture of their divorce settlement.Key Issues
The issue of spousal support will turn on several key issues, including:
- Does one spouse have a substantially higher income than the other?
- Did one spouse forgo certain opportunities, whether in terms of education or career, during the marriage to concentrate on raising children?
- Is child support also being ordered, and how does that interact with the spousal support request?
- What is the health and age of the two parties?
- How long was the marriage?
There are three general types of spousal support, each of which has different standards a court would consider:
- Temporary (pendente lite) alimony may be awarded during separation or divorce proceedings to help maintain the standard of living for both parties until the final divorce hearing
- Rehabilitative alimony may be awarded to allow the spouse with the lower income to achieve the income level where they would have been if not for sacrifices in the marriage
- Permanent alimony may be awarded in longer marriages, especially when a spouse is sick, disabled or otherwise unable to become self-supporting.
It is also important to consider the impact of any prenuptial or postnuptial agreements that have been signed – starting with the question of whether the agreement is enforceable. A Monmouth County spousal support attorney can help individuals reveal any sort of pre or postnuptial agreement that may be relevant.
While it is possible for someone to sign away their right to spousal support, courts will sometimes find such an agreement unconscionable if it would result in grave financial difficulties for that person. Because the courts have substantial discretion in this area, it is often more prudent to negotiate alimony out of court.Benefit of an Attorney
A seasoned Monmouth County spousal support attorney has the legal knowledge, trial experience, and the financial background to advocate effectively for you at all stage of these negotiations.