Linwood Alimony Lawyers

Alimony Lawyers in Linwood Helping Divorcing Couples to Navigate their Alimony Chaos

For most couples in Linwood, ending a marriage through divorce is a bitter-sweet affair. Sadly, it’s the bitter moments that reign supreme. One such moment is when each spouse is forced to adjust to several changes, including the reality that they stand to lose the benefits of a dual-income household.

When one spouse faces economic hardships during or after a divorce, alimony can provide immediate or long-term resolution. Often paid out in periodic sums, alimony—also known as spousal support—allows the dependent spouse to maintain their standard of living during the transition back into the workforce.

 

Who Can Get Alimony in Linwood, NJ?

In Linwood, NJ, there is a presumption that alimony is not warranted unless certain facts and circumstances are brought forth before a judge. That means not every spouse, no matter the gender or length of the marriage, is entitled to alimony.

There are a variety of factors that determine whether alimony is appropriate. Generally, a spouse who has sufficient property, a high earning capacity, and the ability to meet their minimum reasonable needs will not qualify for alimony in Linwood.

However, there are some special circumstances where alimony would inevitably be ordered:

• If a spouse lacks sufficient separate property and income to meet basic and reasonable needs
• If a spouse is unable to meet their minimum reasonable needs because of an incapacitating mental or physical disability
• If a spouse was convicted of domestic violence within two years of the other spouse filing for divorce, alimony might be ordered regardless of the duration of the marriage.

 

Determining the Amount, Duration, and Type of Alimony in Linwood

New Jersey courts typically consider a number of factors when determining a fair and sufficient spousal support plan. The parties’ earning capacity, employability, age and health, education history, and duration of marriage will all be considered by the courts.

Other factors that come into play when deciding alimony in Linwood, NJ, include:

• Tax consequences of the award to each spouse
• The duration the dependent spouse was absent from the job market
• The equitable distribution of marital property during the divorce
• The history of each partner’s financial and non-financial contributions to the marriage

Unlike child support awards, there’s no specific formula for courts to use when calculating alimony in Linwood. That’s to mean that the courts have broad discretion in this area of the law.

Recent changes in tax implications for spousal support payments have also had an impact on the amount that the Linwood court will award in alimony. As of 2019, spousal support is no longer considered income to the recipient and is therefore not subjected to income taxes. In other words, alimony agreed upon or ordered in 2019 or later is no longer tax-deductible or taxable for either party.

 

How Long Does Alimony Last in Linwood?

For marriages of up to 10 years or so, people often agree to pay alimony for half of the length of the marriage. However, if the matter ends up in court, judges can and do order alimony for any length of time up to the length of the marriage.

It’s crucial to note that there’s no such thing as “permanent” alimony in Linwood, NJ. However, a dependent spouse might be eligible for what is now called “open duration” alimony, which has no time cap. There’s a caveat to it, though. In order to qualify for open duration alimony, the divorcing couple must have been married for at least 20 years.

 

Let Our Linwood Alimony Lawyers Protect Your Rights and Interests

Alimony is a vague, often contentious area of the law. That’s why it’s important to make sure that an experienced, high-caliber attorney represents you.

The Linwood alimony lawyers of Petrelli Previtera, LLC have years of experience handling alimony, family law, and everything in between. We represent parties who may be obliged to pay alimony as well as those who are seeking it. In either situation, we advocate strongly for an arrangement that benefits our clients.

We pride ourselves in bringing clarity out of spousal support chaos. Give us a chance to negotiate the payments on your behalf or represent you in court, and we promise not to disappoint. Please reach out to us to schedule an initial, confidential consultation with our firm.