One of the most contentious issues in New Jersey divorce negotiations is often alimony. Alimony is also referred to as spousal support and may be afforded to either husband or wife. Both parties come to the table with different concerns. In some situations, the person required to make payments may feel that the concept is unjust and an undue burden. Alternatively, the individual requesting spousal support may look upon alimony as a means of survival.
Spousal support is only available to individuals who are legally married or joined in a civil union. Calculations and duration are dependent on a number of factors. Upon motion to the court, spousal support may be ordered before the conclusion of the divorce proceedings.
Notably, alimony payments must be reported on tax returns. The individual who pays spousal support outlays may claim it as a deduction. Meanwhile, the recipient is expected to report alimony as income. (The same is not the case with child support payments.)
Like other aspects of divorce, Law Offices of DiFrancia & DeDona. understands that spousal support is of great importance. Our Attorneys have extensive experience in family law matters to negotiate an equitable solution that will receive judicial approval.
Alimony in New Jersey
First and foremost, it is critical to understand the purpose of alimony. During a couple’s marriage, they will both become accustomed to a particular lifestyle. After their separation and divorce, neither partner should be denied that same enjoyment. Additionally, a marital split may mean that either husband or wife that the either party may have an inconsistent economic advantage.
You most likely know the typical argument for spousal support. Either mother or father stays home to take care of the children. He or she forego their own educational and employment pursuits. In the meantime, the other spouse is the breadwinner. Under New Jersey law, the disparity regarding income calls for judicial intervention. Although child support will help with the needs of the children, additional financial assistance is crucial. Often, the duration of spousal support has an expiration date and is conditional.