Ensuring Fair Treatment for all in Alimony and Maintenance Actions

Maintaining balance in spousal support disputes

New Jersey family court judges have wide latitude in determining how much, if any, alimony to award. With so much at stake financially for both parties, it is critical that the judge have complete and accurate information and a clear picture of the situation.

At Murano & Roth, LLC, our lawyers can conduct a thorough review of finances to ensure no assets have been hidden and alimony is appropriate to the circumstances, ensuring that any alimony awarded is fair and just.

Once a court awards it, spousal maintenance, also known as alimony, must be paid. If you are supposed to receive alimony, and you do not, we’ll take action to aggressively pursue payment through garnishments, contempt actions and bank-account levies.

If a divorce decree permits modifications, our alimony attorneys seek increase in support or decrease in support when circumstances warrant, including when you or your ex-spouse obtains a new job, suffers a business failure, retires or becomes disabled. We also fight these requests when they do not benefit you.

Factors considered when determining alimony in New Jersey

In assessing a fair alimony award, a family court judge must consider, under state law, the following factors:

• The length of the marriage
• The standard of living during the marriage
• The actual need and ability of the parties to pay
• The parties' earning capability, education and employability
• The time and cost of obtaining education or job training
• The length of any absence from the job market
• Each party's physical and emotional health
• Each parent's responsibilities for the children
• Each spouse's financial and non-financial contributions to the marriage
• Equitable distribution of marital property
• Available income
• Tax consequences of alimony
• Any other factor the court considers relevant

The court also decides how long spousal support will be paid —whether for a short period, fixed period or permanently — as well as the amount to be paid. Having our  New Jersey alimony attorneys can benefit you in an alimony negotiation or litigation.

Bear in mind, though, that the New Jersey legislature is considering whether the alimony statute should be changed to be more like the laws in other states. We’re keeping our eyes on this and should this change happen, we will make sure you know about the consequences or benefits in your case.

Find out how we support you in obtaining support

If you’re involved in a dispute including a request for alimony or spousal support, there’s one team you can trust to have on your side. Contact Murano & Roth, LLC, online or at 201.265.3400 to take advantage of our free 30-minute consultation.

“Courage is what it takes to stand up and speak; courage is also what it takes to sit down and listen.”
– Winston Churchill