Alimony

When a married household becomes two – what happens to the income?

When there is a financial imbalance between two spouses in a divorce, spousal support, or alimony, is usually paid. Alimony can be one of the most emotional components of any divorce and is a complex and fact-sensitive issue. Although popular entertainment has promoted the idea that alimony is paid by a husband to a wife, the reality is that alimony is gender-neutral and is based on the relative incomes of the individuals.

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Is There a Set Amount for Alimony?

There is no set formula for alimony in New Jersey, for an amount or duration.

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Calculating alimony is based on a number of complex factors, including the duration of the marriage, the age of the spouses, the earning ability and income history of the supported spouse, child support, and child custody, just to name a few. At Keith Family Law, we can help walk you through all of the factors considered when determining alimony and assist in negotiating an acceptable outcome for everyone involved.

Keith Family Law is a full-service family law practice in Westfield, New Jersey that serves clients from Union County, Essex County, Hudson County, Morris County, Hunterdon County, Somerset County, Middlesex County, Monmouth County, and Warren County.

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How Long is Alimony Paid?

This depends on the type of alimony determined through negotiation or ordered by the court.

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Alimony can be temporary, to help one of the spouses during the divorce negotiations and proceedings; limited duration, usually for shorter-term marriages; or it could even be open duration alimony that may be paid indefinitely, usually for long-term marriages.

The amount of alimony can change, depending on the financial circumstances of the person paying and the person being paid. If you lose your job, for example, we can help you petition the court for a modification of the original spousal support order, although success is not guaranteed. If the spouse being paid alimony cohabits with someone else, this does not necessarily mean that alimony payments stop, as it depends on the terms of the original alimony agreement. When you reach the age of retirement, the amount of alimony can be reduced or even ended, depending on the circumstances and finances of the spouses involved.

Keith Family Law is a full-service family law practice in Westfield, New Jersey that serves clients from Union County, Essex County, Hudson County, Morris County, Hunterdon County, Somerset County, Middlesex County, Monmouth County, and Warren County.

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What if My Spouse Refuses to Pay the Alimony Agreed Upon?

Alimony is governed by state law and is a legal order by the court. If your spouse is not paying, we can help you file a motion to the court to enforce the order.

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This could include anything from an order to pay all outstanding payments immediately, the sale of property to satisfy the outstanding amounts, or even an arrest of the spouse.

Negotiating alimony payments is often extremely complex, and determining a fair and reasonable amount can often be a major sticking point between legally separating spouses. If you have any questions about alimony, or any other areas of divorce and family law, please feel free to call us for a legal consult. We will provide you with individualized legal counsel with one of our family lawyers. Ideally, you may find a reasonable way to resolve your alimony issues privately through negotiation, mediation, or the Collaborative Law process. A collaboratively trained attorney can help you work together through collaborative practice to find a level of alimony that both spouses can agree to.

Keith Family Law is a full-service family law practice in Westfield, New Jersey that serves clients from Union County, Essex County, Hudson County, Morris County, Hunterdon County, Somerset County, Middlesex County, Monmouth County, and Warren County.

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Testimonials

“I’ll put it simply – I could go on and on about how great she was
and how important the efforts and professionalism of a divorce attorney are, but truthfully,
I couldn’t have had a better person working for me.”

Michael

"I felt that my Keith Family Law ALWAYS HAD MY BACK!!!"

Annette Beshar

“Not only did Ms. Keith help me resolve my case (in my favor) but she also helped me understand what I needed to do for myself and for my child to keep our lives moving forward in a positive direction. I would highly recommend Ms. Keith to anyone!”

Kat

"Heather is the absolute best. She helped me navigate a very painful divorce process with professionalism and patience."

Elizabeth Graner

"Lawyers often get a bad rap for being heartless and cold. In my experience with Heather Keith she is direct opposite of that. Yes you pay her to take care of your legal issues, which by the way she does with a great deal of skill, but you don't pay her to care about you as a human. This is where Heather sets herself apart. Divorce is hard and emotional. Heather helps guide you through the process with strength and support. Even when she is telling you unpleasant truths about your situation it always feels as if she understands all of your concerns. I cannot state more strongly how talented and human this woman is. In two words: hire her."

Jody Ebert

" have worked with Heather on and off for years and couldn't have asked for someone better to be in my corner. Heather and the entire staff at Keith Family Law Group made what I was going through much easier. Heather has always answered any questions I had, she is honest and doesn't beat around the bush. She's fantastic and I'm very grateful I found her! "

Kathryn Pacelli