How Do I Know if I’m Entitled to Alimony?

47d8fcee6c253ece4bb4_TTN_Firm_pic.jpg-A.jpg
47d8fcee6c253ece4bb4_TTN_Firm_pic.jpg-A.jpg

In the state of New Jersey, alimony is based upon 14 statutory factors. Specifically, a court must consider the following:

(1) The actual need and ability of the parties to pay; (2) The duration of the marriage or civil union; (3) The age, physical and emotional health of the parties; (4) The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other.

(5) The earning capacities, educational levels, vocational skills, and employability of the parties; (6) The length of absence from the job market of the party seeking maintenance; (7) The parental responsibilities for the children; (8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income; (9) The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities; (10) The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair.

Sign Up for E-News

(11) The income available to either party through investment of any assets held by that party; (12) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; (13) The nature, amount, and length of pendente lite support paid, if any; and (14) Any other factors which the court may deem relevant.

While the number of factors to be considered by the Court may appear overwhelming at first, the Court is essentially attempting to consider whether an award of alimony would be equitable in any given case. As such, it is important to consider the ability to pay alimony along with the need for alimony. It is likewise important to consider the ages of the parties and the ability of each party to work and support him/herself. It is likewise important to note that gender is not a factor to be considered. Both men and women are able to pay or receive alimony, depending on the circumstances.

Alimony is not meant to be a punishment to the paying party or a windfall for the receiving party. The goal is to ensure that both parties are able to maintain a lifestyle comparable to the marital lifestyle, however, the reality of the situation is that this is often impossible. When this is the case, the Court makes every effort to structure alimony in the most equitable manner possible, based upon the facts and evidence presented. If you believe that you are entitled to alimony, it is advisable to consult an experienced family law attorney to ensure that the relevant facts are appropriately presented to the Court.

Townsend, Tomaio & Newmark, L.L.C is a family law practice located in Morristown NJ.  The three founding partners, Mr. Paul Townsend, Esq., Mr. Dominic Tomaio, Esq., and Ms. Laurie Newmark, Esq.,  have created a team of attorneys and paralegals with the knowledge, skill and compassion necessary to zealously advocate on your behalf. Every member of our firm is highly qualified and experienced in all aspects of family law and related practice including divorce, child custody, grandparent rights, alimony and more.  Please visit our website at www.ttnlaw.com, or call us at 973-539-0075 to schedule your free initial consultation today.

The opinions expressed herein are the writer's alone, and do not reflect the opinions of TAPinto.net or anyone who works for TAPinto.net. TAPinto.net is not responsible for the accuracy of any of the information supplied by the writer.

TAP Into Another Town's News:

Sign Up for E-News

Chatham

Upcoming Events

Carousel_image_0b89f11303e9af04742d_kirby_kids

Thu, July 19, 12:00 PM

Madison YMCA, Madison

Free Childhood Nutrition Seminar at the F.M.

Fri, August 10, 6:00 PM

Museum of Early Trades and Crafts, Madison

Downtown Concert Series: Mama D & The Vexations

Arts & Entertainment

Carousel_image_8ab0795d7266f1cbd501_9f7a7a4ff4becf97e74c_regwalk_skyrw_9.30.18_email-1

Sun, September 30, 8:00 AM

College of Saint Elizabeth, Morristown

Walk to Fight Alzheimer's

Giving Back Health & Wellness

A Week at the Library of The Chathams Monday, July 9 – Sunday, July 15, 2018

Please note that the library will be closed on Sundays now through Labor Day weekend

PROGRAMS AND EVENTS

Our summer program is in full swing.  This week we are starting some of our most popular children’s programs, Chess for Kids and sewing classes with Miss Polly.  Children will also enjoy a visit from a special guest, Queen Maria Isabella from Medieval Times.  Teens ...

Longtime Chatham Resident Passes the Torch to Current Residents

July 13, 2018

To the Editor,

I moved to Chatham from Ohio in 1961 and left just over a year or so ago. My daughters went through the school system and one of them still lives there with her son.

Clearly, we found the Library and local educational opportunities to our liking. 

When it came to giving back to the community, I chose to support the Library and served as a Board member for 15 ...

AtlantiCast

AtlantiCast: Episode 18

On this week’s AtlantiCast, you’ll find out how accessing care at Atlantic Health System is now easier, more affordable and closer to home than ever, learn which item from the produce aisle could be the newest weapon against cancer, see what Atlantic Health System, the New York Times and Instagram all have in common and much more.

 

 

Video: Point View's Petrides Talks Netflix's Cash Burn as Company Reports Earnings

July 16, 2018

Point View Wealth Management's Managing Director and Portfolio Manager, John Petrides, live on Cheddar.com discussing Netflix's earnings report and why the streaming service should dilute shareholders to plug its cash burn.

cheddar.com/videos/netflix-earnings-preview

​​​​​​For more than 25 years, Point View Wealth Management, Inc. has been ...

5 Simple Ways to Save Water this Summer

According to the L.A. Times, the average American uses an estimated 98 gallons of water EACH day.  

Here are five simple ways you can save water, to help you conserve water this summer and take some pressure off of your drains.

1. Unless you are using it, turn the faucet off. How many of us still leave the water running while we shave or brush our teeth?According to ...