Often in marriages, one party sacrifices their financial independence to take on the role of a homemaker. Often being a homemaker comes with great personal sacrifice including giving up on careers. The law recognizes that it would be unfair to leave an economically dependent spouse out in the cold with no financial security after a divorce or legal separation. Alimony is a payment by one spouse to the other as is necessary for their economic stability, so it’s important to hire a Morris County alimony lawyer when needed.
If you’re looking for an alimony attorney in Morris County, we can help you. Call us now at (973) 226-4141 to schedule your free consultation with one of our experienced and compassionate attorneys.
The word alimony instills fear in some people who view it as a life-long punishment for having a failed marriage. That is not the case. The law does not intend to punish either party as a consequence of the failure of their marriage. Rather, the intention of the law is to achieve what is fair to both parties considering the needs of the parties. For this reason, there are different types of alimony to accommodate different circumstances.
Open Durational Alimony: This type of alimony award has no termination date. The paying spouse is expected to pay alimony to the receiving spouse until either they reach retirement age, or they provide evidence of exceptional circumstances to convince the court to set a termination date. Note, however, that in the State of New Jersey, for any marriage that lasted less than 20 years, the total duration of alimony will not exceed the length of the marriage. Except in exceptional circumstances, for a marriage of five years, for instance, the duration of alimony will not exceed five years.
Rehabilitative Alimony: In some cases, the receiving spouse needs some rehabilitation to achieve an earning capacity that will bring them to the standard of living that they were accustomed to during their marriage or to a reasonable standard expected to be available to them. In such cases, an award is based on a plan that shows the scope of rehabilitation, the steps to be taken, and the time frame, including a period of employment during which rehabilitation will take place.
Limited Duration Alimony: This is awarded when the court finds that there is no rehabilitation necessary, but the receiving spouse needs some assistance to adjust to the financial consequences of the divorce. To determine the duration, the court considers the time it would take for the receiving spouse to improve their earning capacity to a level where the assistance is no longer appropriate.
Reimbursement Alimony: This is awarded when one spouse supported the other through an advanced education with the hopes of partaking in the financial rewards of the earning capacity generated by that education.
In New Jersey, the court may award one or a combination of the different types of alimony.
If you are facing a divorce or legal separation and are looking for an alimony attorney in Morris County, our skilled alimony attorneys at Nitti & Nitti can help. Call us today at 973-226-4141 or click here to schedule your free consultation.
At our firm, we understand that your time and money are precious and that your legal needs are unique. When you call Nitti & Nitti, P.C., you will speak directly with an attorney and enjoy the attention of a small firm that possesses the resources of a big firm.