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Spousal Support FAQs
The Middlesex County divorce law firm of Brause, Brause & Ventrice, L.L.C., has extensive experience advising clients throughout New Jersey on all legal aspects of alimony and spousal support. Alimony has been an evolving area of family law. The relevant New Jersey statute has been revised in recent years, and our courts' interpretation of the relevant statute has also evolved with those revisions. Even federal tax law pertaining to alimony has changed. Alimony is a complicated area of family law that requires the knowledge and experience that our divorce attorneys with more than 50 years of combined experience possess.
The following are brief answers to some of the more general questions about alimony and spousal support that are most often asked of the attorneys in our Middlesex County divorce practice. For more detailed answers to these and other questions about divorce and family law, contact a Middlesex County divorce lawyer at the firm. Our firm takes pride in its New Jersey roots, serving Middlesex County and various communities throughout New Jersey. For a free consultation, call 732-767-0044 to speak with a Middlesex County attorney at Brause, Brause & Ventrice, L.L.C. or email our office today.
- Is there a formula to calculate whether I am entitled to receive alimony or whether I will be required to pay alimony?
- How does alimony differ from child support?
- Is there more than one type of alimony?
Alimony determinations in the State of New Jersey are not based upon any formula. A court will consider several factors that are enumerated in the relevant statute to determine whether alimony is appropriate in a given case. The most significant factors that a court will consider are typically the standard of living that was established during the marriage, the incomes and earning capabilities of the parties, and the duration of the marriage. If alimony is appropriate in a particular case, the court will determine what amount of alimony will enable both parties to maintain a lifestyle comparable to the lifestyle that the parties enjoyed during the marriage.
Alimony exists to support the former spouse. Alimony awards that were entered up to December 31, 2018 are taxable. Alimony awards that were entered or modified after December 31, 2018 are not taxable.
Child support exists to support the children. Child support is not taxable, and was not taxable in the past.
Depending on the case, a court may award either party one or more of the following types of alimony: open durational alimony; rehabilitative alimony; limited duration alimony, or reimbursement alimony. Each type of alimony has its own purpose, and requires a detailed analysis to determine whether any type or types of alimony are appropriate in a given case.
Call an attorney at Brause, Brause & Ventrice, L.L.C., to discuss whether any of these types of alimony may be appropriate in your case.