Clark New Jersey Family Law Blog

When there is a New Jersey divorce, one of the common issues that must be addressed is whether alimony (also referred to as spousal support) will be paid and for how long. This can be the foundation for dispute as the paying former spouse might want to limit the amount and duration, while the receiving former spouse will have justifications for the opposite. To adequately handle these concerns, it is wise to have a basic understanding of what state law says about certain factors and to have legal advice.

For marriages that lasted fewer than 20 years, the courts will only allow alimony to go beyond the length of the marriage in extraordinary circumstances. Otherwise, it will be limited. There are certain considerations that will be part of the process. In addition to these statutory factors, there are practical considerations that the court will account for including the parties living separately, living expenses, and maintaining a standard of living comparable to what they had during the marriage. Knowing those exceptional circumstances that the court uses to decide if the alimony should deviate from the basic rule is key.

If you share parenting responsibilities with your child's other parent, you know that it takes a team effort to do so effectively. Whether you are going through a divorce or have always been separated, you may need to make a change to your child custody arrangement. So, what can one expect when looking at the child custody process? The answer is that it's different for every family.

When looking at different custody arrangements, it's important to understand that there are two different types of child custody, physical custody and legal custody. A parent may be granted one, both or neither of the types. Physical custody has to do with the actual residence of the child, and where they spend most of their time. Legal custody decisions deal with bigger picture ideas, such as those concerning the education or religious upbringing of the child.

Your divorce will bring significant financial changes to your life. If you earn less money than your spouse, you may have fears regarding what will happen to your finances. You depend on your husband or wife for your income or a majority of your income, and your financial future may seem bleak. 

That is why there is spousal support. The intent of alimony is to address the economic disparity often experienced by the lesser-earning spouse in many divorces. If you are eligible, you are probably wondering how much you can get and how long these payments will last. It could be in your interests to learn more about how courts view spousal support and what factors determine your eligibility.

Ending a marriage is often accompanied by the difficult and sometimes contentious task of dividing the couple's assets, especially assets that were accrued over many years. In a New Jersey divorce, retirement assets may be an important part of property division. Pensions and other retirement assets are usually the highest valued property that that the couple held. These assets are usually more valuable than the couple's house.

New Jersey is an equitable distribution state. Accordingly, pensions and other retirement plans are part of the marriage assets if these were obtained, earned or contributions were made during the couple's marriage. These would be divided equally or fairly during divorce proceedings.