28 Apr Do I Need An Alimony Attorney?
Jeffrey M. Bloom
Alimony Attorney serving Bergen County & Hudson County
An alimony attorney (also called a spousal support attorney) can represent you when you’re trying to negotiate your alimony amount or when you’re trying to change a prearranged amount.
Alimony may also be used to equalize the standard of living between the spouses, or even to punish one spouse for acts which led to the divorce. Whether requesting alimony in a divorce or arguing against it, Attorney Jeffrey M. Bloom works hard to find an effective resolution to the issue, while always standing up for the client and making sure they are fairly represented in the process.
New Jersey Alimony Law Factors
Alimony is not automatically awarded in every divorce; it must first be requested by one of the parties, and then the court must decide whether to grant or deny an award based upon a number of factors. This is where your alimony lawyer comes in.
Although traditionally alimony was paid by the husband to the wife, today the court can order either the husband or the wife to pay alimony to the other. Factors that may be considered in your case include:
- The income earning capacity of the party requesting alimony, based on prior employment history, ability to work and other sources of income
- The length of time the marriage lasted, with a longer marriage lending more weight in favor of granting alimony
- The financial needs and condition of the party requesting alimony, including monthly debts and obligations and ability to pay these expenses
- The ability of the paying spouse to afford the payments, considering the spouse’s income versus expenses
- If the party requesting alimony has custody of children who are in need of support
- If the party requesting alimony worked for the other spouse’s business, which would have provided a benefit to the paying spouse
- If the party requesting alimony paid for the other spouse’s education or if the marriage was otherwise arranged so that the paying spouse could attend school during the marriage, providing a benefit to the paying spouse
When An Alimony Attorney Is Needed
An alimony attorney may be necessary if you’re going through a divorce and your divorce attorney doesn’t specialize in spousal support cases. Divorce attorneys often do cover the entire divorce proceeding, including spousal support, but ask your lawyer ahead of time so that you know what services are covered and aren’t covered.
Formula For Awarding Alimony
There is no formula used by the court to determine a monthly or total alimony amount. Usually, the court looks at the standard of living of the couple at the time they separated. If the marriage was particularly short and no children are involved, then the court may use the standard of living at the start of the marriage as a guide.
What To Expect From An Alimony Lawyer
An alimony attorney will be able to get you to an alimony settlement you’re comfortable with, whether you’re paying or receiving the payment. The Law Offices of Jeffrey M. Bloom can also help your alimony case if you have a prenuptial agreement. Sometimes these support negotiations can get out of hand, but your attorney should be able to mediate the situation.