A divorce between two spouses will generally no longer assume that a wife will need financial support following the separation. However, the question of alimony or spousal support is still a key consideration in any divorce or separation agreement. If one member of the marriage would be placed in an inferior financial situation due to the separation, the other spouse may be required to provide financial assistance.
An Ocean County alimony lawyer can help demand proper alimony payments in New Jersey’s family courts. By working as a dedicated advocate, a knowledgeable family attorney can make sure both spouses leave the marriage feeling financially secure.
Why Might a Court Order the Payment of Alimony?
The motivation behind a court ordering alimony is the concept that a separation or divorce should leave both parties on equal footing moving forward. If the divorce would leave one party unable to support themselves, or even with a lesser stream of income, the court may order the payment of support.
This support is meant to provide an opportunity for a person to be able to rebuild their finances following a separation. For example, a spouse may use the time while receiving support to finish a degree, attend job training, or get reacclimated back into the workforce. However, these payments are generally not indefinite and the length of time they will last will depend on several factors.
The Legal Basis for Support in Ocean County
Under New Jersey law, the court has the ability to order one spouse to provide support to another any time a marriage comes to an end. According to N.J.S.A. §2A:24-23(b), the court will consider at least 14 factors in deciding whether to issue a support order. These factors include:
- The actual need of the party
- The ability of the other party to pay
- The age and health of the parties
- The financial contributions made by the parties prior to separation
- The parental responsibilities of each party
- Each parties’ prospects for future gainful employment
An Alimony Order could last for a set period of time or last until one party reaches retirement age. An Ocean County alimony lawyer can help examine the factors that may lead to an Alimony Order and the potential plan that may fit the specific circumstances.
Legal Options Following the Imposition of an Order
An Alimony Order carries the full weight of the law. This means that the parties to which the Order applies must follow that Order to the best of their ability. When one party fails to meet their obligations, the other has the option to petition a court to punish any failure to adhere to the terms.
However, if substantial changes have occurred in one party’s finances since the imposition of the Order, a court may make a change in the payment plan. These changes may include one party getting re-married, the loss of a job, or even the birth of another child. An Ocean County alimony attorney can help modify an existing Order.
Speak with an Ocean County Alimony Attorney
The court will examine various factors such as contributions to finances, age, health, and an ability to reenter the workplace as reasons for ordering the creation of alimony. These orders carry the full weight of the law.
Because of this, any failure to provide payments can lead to an Order of Contempt. It is vital that any person seeking support or a change to an existing Order understand the law. An Ocean County alimony lawyer can help you make sure your Order is following the applicable laws. Contact an attorney today to learn more.