Working With You To Find Positive Spousal Support Resolutions
Spousal support is one of the more contentious issues in divorce proceedings. People often either feel slighted or overextended by the opposing party. Reasonable and amicable agreements can be made if both parties are willing to negotiate level-headed decisions, but some cases inevitably require a more aggressive stand in court.
At Weinberg, Kaplan & Smith, P.A., we have more than 40 years of experience in these complex issues. From our office in Marlton, we help clients throughout New Jersey protect their best interests in spousal support agreements. We do our best to keep the cost of litigation and the stress of courtroom battles to a minimum by finding effective agreements outside of court. However, some cases do not allow for that, at which point we are assertive attorneys in trial proceedings.
How The Court Determines Alimony
New Jersey Statute N.J.S.A. 2A:34-23 outlines the criteria used to determine spousal support payments in divorce proceedings. These criteria include information about the length of the marriage or civil union as well as each individual’s:
- Economic and financial security: Many factors influence an individual’s financial need and/or ability to pay spousal support. The court will consider each party’s earning capacity, education, occupational skills, job training expenses, employability, absence from or presence in the job market, availability of employment opportunities, earning potential from investments, and the tax consequences each could face from spousal support payments.
- Personal health and stability: Financial security is often influenced by the personal well-being of an individual. The court will consider each party’s age, physical health or impairments, and emotional health. All of these factors may affect an individual’s ability to earn income and achieve financial independence.
- Contributions to the marriage or responsibilities to the family: Some circumstances result in one or both individuals making sacrifices for the sake of the familial relationship. For example, one person may stay home to raise children, or perhaps, give up a career when the family relocated for the other person’s job. The court will use both financial and non-financial contributions to help determine spousal support.
- Other factors: Parental responsibilities (if any), standard of living, and property division can also play a role in what the court determines to be a fair spousal support agreement.
Extenuating circumstances may also be considered, depending on what you and your attorney present in divorce proceedings. No two families are the same, so make sure to work with a lawyer who will represent you and work to find a solution that meets your needs. At Weinberg, Kaplan & Smith, P.A., we strive to do just that.