Alimony, also known as spousal support, may be a factor in a divorce. Unfortunately, it is also where separating spouses are the most likely to encounter intense conflict and deep animosity.
It is crucial to have a Toms River alimony lawyer advocating on your behalf if you are considering a divorce from your spouse. A knowledgeable family lawyer can help guide you through the process to make sure your interests are protected.
What is Alimony?
Alimony is a regular, post-divorce payment from a financially secure spouse to a financially insecure spouse. There are four different kinds of alimony that a Toms River alimony lawyer can help pursue.
Permanent Support
One form of alimony is permanent alimony. Permanent alimony usually only happens when the spouses are divorcing after a long marriage, and one spouse has far less income and little chance for increasing their earning potential.
Rehabilitative Alimony
Rehabilitative support is more common when spouses separate after a mid-length marriage and the receiving spouse has the skills and ability to earn a living in the future. Rehabilitative support aims to give the receiving spouse the time and the resources they need to train for a job and find gainful employment.
Limited Duration Support
After shorter marriages, limited duration support can be awarded to a spouse to allow them the means they need to resettle their life and return to the workforce. Limited duration alimony is similar to rehabilitative support, but is usually a smaller obligation, over a shorter period of time.
Reimbursement Support
Finally, reimbursement support is meant to compensate a spouse who sacrificed their professional life and ambitions for the sake of the other spouse’s development, or to stay home and raise a family. This type of alimony is relatively rare but may be used if one spouse supported the other through an advanced degree.
The Purpose of Support
As the four types of alimony suggest, alimony aims to fill a significant hole in divorce law. It aims to avoid having a less professionally-oriented spouse suffer disproportionately in a divorce.
Alimony aims to ensure that the recipient spouse is able to maintain a style of living that is similar to the one they enjoyed during the marriage. Divorce law recognizes that, without this resource, spouses might feel trapped in unhealthy or even abusive relationships because they were unsure whether they could support themselves financially if they left.
How Obligations are Calculated in Toms River
The amount and duration of an alimony obligation are determined largely on a case-by-case basis by divorce courts and judges. However, these cases are guided by the factors laid out in N.J. Stat. Ann. § 2A:34-23, including:
- The length of the marriage
- Each spouse’s income at the time of the divorce
- Each spouse’s ability to earn a living post-divorce
- The marital lifestyle
- Other financial obligations
Using these factors as a blueprint, divorce courts will come to an alimony obligation that aims to ensure both spouses can lead a lifestyle similar to the one they had during the marriage.
Speak with a Toms River Alimony Attorney
Alimony can be extremely difficult to settle on. Finding a plan that is agreeable to both parties is likely to bring out the emotional tension that led to the decision to divorce. However, it is important for both spouses to be able to move on from the marriage and feel financially secure. A Toms River alimony lawyer can help you reach a plan that is suitable to your needs. Call today to learn more.