An Overview of Spousal Support and Divorce in New Jersey

Apr 29, 2023

An Overview of Spousal Support and Divorce in New Jersey

Divorces can be challenging, especially when spousal support is at play. Spousal support, also known as alimony, is compensation that one spouse provides to the other after a divorce. If you’re going through a divorce in New Jersey, it’s essential to understand the factors that a court will consider while determining spousal support. In this article, we’ll explore what spousal support is, how it’s calculated, what happens when you can’t pay it, and what you can do when your ex refuses to pay it.


Factors a court will consider during a New Jersey divorce



When a court considers awarding spousal support, it looks into various factors like the length of the marriage, the age and health of partners, their income and earning capacity, and the marital standard of living. The court may also consider the spouses’ contributions to raising children or managing the household, their education or training required to support themselves, and any other relevant circumstances.


How is spousal support calculated in New Jersey


Unlike child support, NJ courts do not have a defined formula for calculating spousal support. Instead, the court considers various factors, as mentioned earlier, to determine whether the spouse asking for support has a legitimate need and whether the other spouse can pay it. The court may then decide on a reasonable and equitable amount based on the needs of the requesting spouse, the paying spouse’s expenses, and the marital standard of living.


What happens if I am unable to pay spousal support


Failing to pay the agreed-upon amount for spousal support leads to penalties and legal consequences. The court may hold the paying spouse in contempt of court, impose fines, or jail time. If you can't pay your spousal support, you may request a modification to get the determination reduced or temporarily suspended. But, a modification can only be granted if you can't pay due to unforeseen financial hardship or a major change in circumstances.


What are my options if my ex refuses to pay spousal support


If your ex is not paying spousal support, you may file a motion in court for enforcement, which may include wage garnishments or locking up assets. An experienced divorce attorney can assist you in filing an application and provide guidance on how to go about enforcing payment or collecting arrears.


Divorce is a challenging and overwhelming process, especially when spousal support is at play. If you need assistance in navigating your divorce or require legal representation, the Law Offices of Mavinkurve & Patel, LLC can help. We have the experience, knowledge, and compassion to help you during this difficult time, and offer a free consultation to discuss your options. Contact us today to schedule an appointment.


19 Apr, 2024
What to do After Being Served with Divorce Papers in New Jersey
01 Apr, 2024
As a business owner in New Jersey, facing litigation or disputes can be a stressful and overwhelming experience. However, having a skilled business litigation and dispute resolution attorney on your side can make all the difference. In this blog post, we will explore the importance of hiring a knowledgeable attorney to help navigate through legal challenges and protect your business interests. The first step in resolving any business dispute is to seek the advice of a qualified attorney who specializes in business litigation. A skilled attorney will have extensive knowledge of state laws and regulations that govern businesses in New Jersey. They will be able to assess your situation, provide legal guidance, and develop a strategy to resolve the dispute efficiently and effectively. Furthermore, a business litigation attorney can represent your interests in negotiations, mediation, arbitration, or court proceedings. They will work tirelessly to protect your rights and ensure that you receive fair treatment throughout the legal process. With their expertise, they can help you achieve the best possible outcome for your case while minimizing risks and costs associated with litigation. In addition to representing clients in court, a reputable business litigation lawyer will also offer alternative dispute resolution services. This can include mediation and arbitration, which are often faster and more cost-effective than traditional litigation. By engaging in these methods of dispute resolution, you may be able to reach a favorable settlement without going to trial. Moreover, an experienced business litigation attorney can assist you with contract disputes, employment issues, intellectual property matters, shareholder disputes, breach of fiduciary duty claims, and other legal challenges that may arise in the course of running your business. By having legal counsel on retainer or as needed basis for these types of issues can help prevent potential conflicts from escalating into costly lawsuits. In conclusion, when it comes to navigating business disputes in New Jersey, having a skilled business litigation and dispute resolution attorney by your side is essential. They can provide invaluable legal guidance, representation in negotiations or court proceedings, as well as alternative dispute resolution services when needed. By investing in legal counsel proactively rather than reactively when issues arise can save you time,money,and stress down the line. Don't wait until it's too late - reach out to a trusted attorney today to protect your business interests.
13 Feb, 2024
Domestic violence can take many forms, and emotional abuse is one of them. In New Jersey, domestic violence includes physical, sexual, economic, and emotional abuse. However, until recently, emotional abuse was not considered a criminal offense under the state's domestic violence laws. This has changed in recent years due to growing recognition of the devastating impact of emotional abuse on victims. In this blog post, we will explore what constitutes emotional abuse, why states are now including it as domestic violence, what this means for those accused of emotional abuse in New Jersey, and how an attorney can help. What is Emotional Abuse? Emotional abuse involves behaviors that undermine a person's self-worth or cause psychological harm. It can include verbal attacks, threats of harm or abandonment, isolation from friends and family, controlling behavior like monitoring phone calls or emails or denying access to money or transportation. It can be just as damaging as physical abuse and may even lead to it. Why States are Now Including Emotional Abuse as Domestic Violence In the past few decades, there has been a growing awareness of the impact of emotional abuse on victims and their children. Studies have shown that victims of emotional abuse suffer from depression and anxiety disorders at rates similar to those who experience physical violence. Moreover, children exposed to high levels of parental conflict and emotional abuse may suffer long-term developmental problems such as aggression towards others or difficulty forming healthy relationships themselves. What Does This Mean for the Accused? If you have been accused of emotionally abusing your partner/spouse/family member in New Jersey, it is essential to understand that this accusation carries serious legal consequences. The inclusion of emotional abuse under domestic violence laws means that if convicted you could face jail time fines along with losing custody rights or visitation with your children. How Can an Attorney Help Me? An experienced domestic violence lawyer can help you navigate the legal system and defend yourself against an accusation of emotional abuse. They will review your case, gather evidence, and work with you to build a strong defense strategy. If necessary, they can also negotiate plea bargains or represent you in court. In conclusion, emotional abuse is now considered domestic violence in New Jersey. This is an important development that reflects growing recognition of the serious harm caused by emotional abuse. If you have been accused of emotionally abusing someone, it is essential to take the accusation seriously and seek legal advice from an experienced domestic violence lawyer as soon as possible. With their help, you can protect your rights and reputation while working towards a positive outcome for all parties involved.
31 Jan, 2024
Understanding Alimony: How It Is Determined?
28 Dec, 2023
Divorce Asset Division Basics – Everything You Need to Know
01 Dec, 2023
Are you planning to start a business venture in New Jersey? The process of setting up your business requires a lot of paperwork, regulations, and legal procedures that can be overwhelming if you are not familiar with the state's policies. This is where a business formations attorney comes in to help you organize and establish your business legally. In this blog post, we will guide you through the various business formations in New Jersey and the benefits of seeking a reputed attorney's assistance.  1. Types of Business Formations: New Jersey offers different business formations to choose from, based on your business' size, liability, tax implications, and ownership. The popular variations of business structures are Sole Proprietorship, Partnership, Limited Liability Company (LLC), Corporation, and Non-Profit. Each has its legal requirements, filing procedures, and implications, and choosing the right business structure is crucial in protecting your assets and interests. 2. Benefits of Hiring a Business Formations Attorney: An experienced business formations attorney can help you with legal advice, filing the required paperwork, and negotiating contracts with partners or clients. They can assist you in selecting the right business structure and provide legal guidance on tax liabilities, employment laws, insurance, and other legal concerns. They can also help you with compliance and regulatory filings to avoid any penalties or legal issues later. 3. Steps Involved in Business Formation: The process of business formations in New Jersey involves several steps, and it’s essential to follow them correctly for a smooth establishment of your business. These steps include choosing a business structure, selecting a business name, registering for an EIN and state tax ID, filing the necessary legal paperwork, obtaining business licenses and permits, setting up a business bank account, and complying with applicable employment laws and regulations. An attorney can help you navigate these steps with ease and save you valuable time and effort. 4. Legal Matters in Business Formations: New Jersey has several legal requirements and regulations for businesses, and it's essential to comply with them to avoid any potential legal trouble. Hiring a business formations attorney can ensure that you're following state and federal laws and regulations, protecting your intellectual property rights, employment-related matters, drafting contracts, and negotiating lease agreements, government compliance, incorporating and drafting bylaws, and handling business disputes. With an attorney's assistance, you can operate your business legally and efficiently. Starting a new business venture can be exciting yet challenging, and partnering with an experienced business formations attorney can ease the stress and ensure proper compliance with state laws and regulations. A business formations attorney can help you choose the right business structure, provide legal advice, assist with all necessary filings and legal paperwork, and ensure that your business remains compliant with all applicable laws. Contact us today to schedule a consultation and have a seamless business formation experience.
05 Jul, 2023
Why an Attorney Should Review Every Contract Before You Sign It
14 Jun, 2023
Understanding Child Support Laws in New Jersey
07 Mar, 2023
A Guide to Selling Your Home In New Jersey
08 Feb, 2023
Navigating Divorce in New Jersey
More Posts
Share by: