New Jersey Spousal Support Attorney
Helping families achieve financial stability during and after divorce
Talking about money can be difficult, but it’s important to have these conversations now so you can focus on your life after divorce.
Alimony can quickly become a hot-button issue for couples, but taking a personalized approach can make working toward an agreement a less emotional process. At Dughi, Hewit & Domalewski, our experienced NJ alimony attorneys will listen to your concerns and help you come up with a fair alimony agreement that meets your needs.
Our Approach to Alimony at Dughi, Hewit & Domalewski
Finding an attorney to help you resolve your alimony agreement isn’t just about legal representation. The right attorney will help you think about your goals, what you need to achieve them, and what your options are.
At Dughi, Hewit & Domalewski, our goal is to build a relationship with each client. We believe you deserve to feel listened to and supported throughout the entire process. Our approach to alimony, divorce, and family law starts with the idea that:
- Each client and their family is unique, and they deserve a legal strategy that reflects their needs
- Education and transparency should be the building blocks of our client relationships
- Every client should get the chance for a fresh start and a new life for themselves and their families
We are our client’s biggest advocates and champions. Our job is to help you find a solution to your alimony needs so you can move forward feeling secure and confident in your future.
What Is Alimony?
Alimony, or spousal support, is money paid by one spouse to the other to ease the financial burden of a marriage ending.
The goal behind alimony is to ensure that the financial consequences of divorce aren’t carried by just one spouse, but rather that both spouses continue to enjoy a standard of living that’s similar to what they had during their marriage.
Because each family is unique, there are many different approaches to alimony agreements and payments. Each type of alimony can—and should—be customized to the needs of both spouses.
Types of Alimony in New Jersey
Pendente Lite Alimony
Divorce proceedings can take time to work out, and maintaining financial stability during this period is essential. Temporary alimony, or pendente lite alimony, can help you achieve that.
The purpose of pendente lite alimony payments is to create support for a person while the divorce proceedings take place. This temporary alimony may or may not be replaced with a different type of alimony post-divorce.
If you’re paying or receiving temporary alimony and believe the amount is creating an undue burden for you, an experienced alimony attorney can review your case and work with you to find the right solution.
Open durational alimony
Open duration alimony is typically granted following the end of 20+ years marriages. It’s granted if the parties or the court determine that the recipient either will not re-enter the workforce or will need support indefinitely.
Open durational alimony may be terminated or modified if the recipient remarries or if financial circumstances change.
The right approach to open durational alimony agreements can require in-depth conversations about your financial needs both now and in the future. Working with an experienced alimony attorney can help you clearly understand the options available to you.
Limited Duration Alimony
Also known as durational alimony or term alimony, this is alimony paid for a specific, agreed-upon amount of time.
Limited duration alimony is often a solution for helping one spouse maintain financial stability until they become self-supporting or they no longer need financial support. It may also be awarded for marriages that were short- or medium-duration.
As with other types of alimony, limited duration alimony can be modified if financial circumstances change for either the recipient or the payor.
Rehabilitative Alimony
If one spouse is re-entering the workforce following a divorce, they may need time to obtain job training or additional education. During this period, rehabilitative alimony may be granted so the spouse can build the skills they need to become self-sufficient.
Unlike durational alimony, rehabilitative alimony isn’t time-limited—the agreement allows for payments to last until the recipient has completed their training or education and finds employment.
Rehabilitative alimony can be an enormously helpful resource for spouses re-entering the workforce, but it relies upon clear communication and a personalized legal strategy. Working with attorneys who are well-versed in the nuances of alimony can help you achieve the best results.
Reimbursement Alimony
Supporting your partner’s career goals during marriage can require a great deal of personal and financial sacrifice. If your marriage doesn’t last long enough for you to benefit from your investment, you may be eligible to request reimbursement alimony.
Reimbursement alimony is paid when one spouse contributed to the other spouse’s education or training.
Reimbursement alimony isn’t tied to need. Its duration lasts as long as the agreement or court dictates.
At Dughi, Hewit & Domalewski, we represent clients who are seeking legal support for all forms of alimony. Our experienced attorneys can assess your case to see which type of alimony is appropriate and help you create a customized plan to ensure financial stability now and in the future.
How Is Alimony Determined?
Unlike child support, New Jersey law doesn’t have a set calculation for determining spousal support. Alimony is determined by considering a variety of factors including:
- The length of the marriage
- The earning capacities of each spouse
- The age and health of the parties
- The need and ability to pay of each party
- The length of absence from the workforce of the recipient spouse
- The parental responsibilities for any children
- The payment of child support
- The history of the financial or non-financial contributions to the marriage
- The equitable distribution of property
- Any other factors that can help the court reach a decision
How Our Spousal Support Attorneys Can Help You
Talking about money and finances can be hard, and alimony laws can be complex. If you’re feeling overwhelmed, we’re here to help you figure out how to proceed—no matter what kind of alimony agreement questions you might have.
Obtaining alimony benefits after divorce
Alimony benefits aren’t automatically given after a divorce. The experienced NJ alimony attorneys at Dughi, Hewit & Domalewski can assess your case so you can understand your options for spousal support. We advocate passionately for our clients no matter what so they can obtain the fairest settlement possible.
Enforcing alimony agreements
Alimony payments are based on a financial need, and if you’re not receiving alimony payments, it’s understandable to be worried about maintaining financial stability.
If you’ve already come to an alimony agreement, but your former spouse hasn’t paid, you have the right to seek alimony enforcement. Whether you’re not receiving your alimony on time or you’re not receiving any payments at all, we can work with you to seek court intervention.
Modifying, reducing, or terminating alimony
Sometimes the circumstances of one spouse may significantly change from when the alimony was initially rewarded. When that happens, our knowledgeable alimony lawyers can help modify, reduce or terminate the alimony award.
Alimony and retirement
Under New Jersey law, there is a rebuttable assumption that alimony can be terminated once the payee spouse reaches retirement age.
No matter what stage of the alimony process you find yourself in, we can help. Fight for your right to a fair award with Dughi, Hewit & Domalewski.
Speak with a New Jersey Family Law Attorney
Whether you’re a recipient or payor spouse, our alimony attorneys can help you ensure financial stability so you can move ahead with your new life. From the initial award of support to enforcement, our experienced legal team can help you receive a fair settlement while protecting your best interests.
Schedule your consultation with our team today.
Alimony FAQs
How long do you have to be married before you are eligible for alimony?
There isn’t a set period of time for the marriage that automatically entitles one spouse to alimony, although the length of the marriage is used to determine the duration of the alimony.
Do I still have to pay alimony if I get remarried?
Yes, even if the payee spouse gets remarried, they’re still obligated to pay spousal support to their previous spouse.
When can alimony be modified or terminated?
There are several instances where the court may consider modifying or terminating alimony. These include:
- Retirement
- A significant change in either party’s income
- A substantial increase in the cost of living
- The development of an illness or disability that affects your earning capacity
- Your compensation package losing a large amount of value
- Other circumstances
How do alimony payments affect my taxes?
As of 2021, for the payor, alimony payments are tax deductible. For the recipient spouse, alimony payments are not tax deductible.
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